
Pass W ^ ?L 5 2 ^ 



Book 



IB 2^: 



School Laws of Iowa 



FKOM THE CODE OF 1873, 



AS AMENDED BY THE FIFTEENTH, SIXTEENTH, SEVENTEENTH, EIGH- 
TEENTH, NINETEENTH, TWENTIETH, TWENTY-FIKST AND 
TWENTY-SECOND GENERAL ASSEMBLIES, 



I^OTES AIsD FORMS, 



THE USE AND GOVERNMENT OF SCHOOL OFFICERS. 



EiiDiTionsr OT" isss. 



8UPEKIKTENDENT OF PUBLIC INSTRU^iTfOTT. 



DES MOINES: 

GEO. E. KOBEKTS, STATE PKINTER. 

18S-S. 



When any school officer is superseded by election or other- 
wise, he shall immediately deliver to his successor in office, all 
books, papers, and moneys pertaining to his office, taking a 
receipt therefor; and every such officer who shall refuse to do 
so, or who shall willfully mutilate or destroy any such books or 
papers, or any part thereof, or shall misapply any moneys en- 
trusted to him by virtue of his office, shall be liable to the 
provisions of the general statutes for the punishment of such 

offense.— Section 1791, Code. 



PREFACE 



Section 1579, Code, as amended, authorizes the superintendent of 
public instruction to publish the school laws of the State, together 
with all amendments thereto, immediately upon the adjournment of 
every alternate general assembly. 

As the use of former editions will only confuse and mislead, and 
since every school officer and member of a board is now entitled to 
receive a copy of this law, it is earnestly advised that all old laws be 
laid aside. A revision may not be published for many years, hence 
the necessity of preserving every copy of this edition. 

The explanatory notes have been carefully revised and condensed, 
and at the same time extended to include a larger number of partic- 
ulars. References are given as fully as brevity will allow. It is ap- 
parent that only the leading features of the law may be included in 
these notes. lu special cases, the general authorities on the subject 
regarding which information is sought, must be examined. 

In the notes, reference is often made to the reports of our supreme 
court. These may be consulted at the court house in each county seat. 
A reference to S. L. Decisions means the decisions in appeal cases, 
a copy of which is furnished for the secretary of every board. We 
have aimed to simplify and improve the forms, and make them of 
added value to every school officer. A table of contents, by subjects, 
will be found after the body of laws, just preceding the forms. 

The complex forms of districts under our present law, with the 
conflicting enactments accompanying such an unsystematic organiza- 



^ PKEFACE. 

tioD, make our school laws difficult of comprehension, and in many 
cases really contradictory. 

Though this revision does not differ greatly from those preceding, 
it is believed that it will well repay careful study and frequent refer- 
ence, and thereby assist in promoting harmony and efficiency in the 
administration of our system of free schools. 

The work of arranging the law and revising the notes, as well as of 
compiling the decisions, has fallen very largely upon my deputy, Mr. 
Ira C. Kling. He has been ably assisted by my secretary, Mrs. A. B. 
Billington, and 1 desire to acknowledge in this connection the value 
of tleir services. 

HENRY SABIN, 
Superintendent of Public Instruction. 

Des Moines, Icwa, June 1, 1888. 



SCHOOL LA.WS OF IOWA. 



FROM THE CODE AS AMENDED BY THE FIFTEENTH, SIXTEENTH, 
SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY- 
FIRST AND TWENTY-SECOND GENERAL ASSEMBLIES. 

SUPBBINTENDENT OF PUBLIC INSTRUCTION. 

Section 1511. The superintendent of public instruction shall be 
charged with the general supervision of all the county superintend- 
ents and all the common schools of the state. He may meet county 
superintendents in convention at such points in the state as he may 
deem most suitable for the purpose, and by explanation and discus- 
sion endeavor to secure a more uniform and efficient administration 
of the school laws. He shall attend teachers' institutes in the several 
counties of the state as far as may be consistent with the discharge 
of other duties imposed by law, and assist by lecture or otherwise in 
their instruction and management. He shall render a written opin- 
ion to any school officer asking it, touching the exposition or admin- 
istration of any school law, and shall determine all cases appealed 
from the decision of county superintendents. 

Sec. 15Y8. An office shall be provided for him at the seat of gov- 
ernment, in which he shall file all papers, reports, and public documents 
transmitted to him by the county superintendents, each year separ- 
ately, and hold the same in readiness to be exhibited to the governor, 
or to a committee of either house of the general assembly, at any 
time when required; and he shall keep a fair record of all matters 
pertaining to his office. 

Sec. 1579. (As amended by Chap. 150, Laws of 1880, and Chap. 
59, Laws of 1888.) After the adjournment of the eighteenth general 
assembly, and every four years thereafter, if deemed necessary, he 
may cause to be printed and bound in cloth the school laws and all 



6 



SCHOOL LAWS OF IOWA. 



amendments thereto, with such notes, rulings, forms and decisions 
as may seem of value to aid school officers in the proper discharge of 
their duties. Appropriate reference shall be made to the previous 
law that has been amended or changed, so as clearly to indicate the 
effect of such amendments or changes. He shall send to each county 
superintendent a number of copies sufficient to supply each school 
district in his county with one copy of such school laws, with decis- 
ions. He shall also cause to be printed and bound in paper covers 
the school laws, with notes and with forms necessary to be used in 
carrying out the school laws; provided, that he shall furnish each of 
the members of the boards of directors with one copy of the laws 
bound in paper covers, which shall be turned over to their successors 
in office. After such sessions ot the general assembly as the state 
superintendent shall not deem it necessary to publish the laws as pro- 
vided for in this section, he shall cause to be published in pamphlet 
form all the amendments to the school laws passed by such general 
assembly, in sufficient numbers to supply each of the county super- 
intendents and school officers of the state with one copy free of 
charge, which said amendments shall be sent to the several county 
superintendents for distribution. 

Sec. 1580. (Repealed by Chap. 102, Laws of 1878.) 

Sec. 1581. He may, if he deem it expedient, subscribe for a suffi- 
cient number of copies of the Iowa School Journal, or of such other 
educational journal published in the state as he may select, to fur- 
nish each county superintendent with one copy, and his certificate of 
having thus subscribed shall be authority for the auditor of state to 
issue his warrant for the amount of said subscriptions; provided he 
shall cause to be inserted in the journal he may so select, a correct 
copy of any decision he may deem it necessary to make for the effi- 
cient carrying out of the school law. 

Sec. 1582. He shall annually, on the first day of January, report 
to the auditor of state the number of persons in each county between 
the ages of five and twenty-one years. 

Sec. 1583. (As amended by Chap. 82, Laws of 1888.) He shall 
make to the governor a report which shall embrace, first, a statement 
of the condition of the common schools of the state; the number of 
district townships and subdistricts therein; the number of teachers; 
the number of schools; the number of school-houses, and the value 
thereof; the number of persons between five and twenty-one years of 



SCHOOL LAWS OF IOWA. 7 

age; the number of scholars in each county that have attended school 
the previous year, as returned by the several county superintendents; 
the number of books in the district libraries; and the value of all ap 
paratus in the schools, and such other statistical information as he 
may deem important. Second, suoh plans as he may have matured 
for the more perfect organization and efficiency of common schools. 
He shall cause one thousand copies of his report to be printed, and 
shall present it to the general assembly on the second day of its ses- 
sion. 

Sec. 1584, Whenever reasonable assurance shall be given by the 
county superintendent of any county to the superintendent of public 
instruction, that not less than twenty teachers desire to assemble for 
the purpose of holding a teachers' institute in said county, to remain 
in session not less than six working days, he shall appoint the time 
and place of said meeting and give due notice thereof to the county 
superintendent; and for the purpose of defraying the expenses of 
said institute, there is hereby appropriated, out of any moneys in the 
state treasury not otherwise appropriated, a sum not exceeding fifty 
dollars annually for one such institute in each county held as afore- 
said, which the said superintendent shall immediately transmit to the 
county superintendent in whose county the institute shall be held, 
who shall therewith defray the necessary expenses of the institute, 
and, if any balance remains, he shall pay the same into the county 
treasury, and the same shall be credited to the teachers' fund. 

STATU UNIVERSITY. 

Section 1585. The objects of the state university, established by 
the constitution, at Iowa City, shall be to provide the best and most 
efficient means of imparting to young men and women on equal 
terms, a liberal education and thorough knowledge of the different 
branches of literature, the arts and sciences, with their varied appli- 
cations. The university, so far as practicable, shall begin the courses 
of study in its collegiate and scientific departments, at the points 
where the same are completed in high schools; and no student shall 
be admitted who has not previously completed the elementary stud- 
ies, in such branches as are taught in the common schools through- 
out the state. 

Sec. 1586. The university shall never be under the exclusive con- 
trol of any religious denomination whatever. 



8 



SCHOOL LAWS OF IOWA. 



Sac. 1587. (As amended by Chap. 147, Laws of 1876 and Chap. 
181, Laws of 1886.) The university shall be governed by a board of 
regents, consisting of the governor of the state, who shall be presi- 
dent of the board by virtue of his office, the superintendent of pub- 
lic instruction, who shall be a member by virtue of his office, together 
with one person from each consressional district of the state, who 

shall be elected by the general assembly. 

■X- * * * ** *. * 

Sec. 1589. The university shall include a collegiate, scientific, 
normal, law, and such other departments, with such courses of in- 
struction and elective studies as the board of regents may determine; 
and the board shall have authority to confer such degrees, and grant 
such diplomas and other marks of distinction as are usually conferred 

and granted by other universities. 

******** 

Sec. 1596. The board of regents shall enact laws for the govern- 
ment of the university, and shall appoint a president and the requi- 
site number of professors and tutors, together with such other officers 
as they may deem expedient, and shall determine the salaries of such 
officers, the compensation of the secretary and treasurer, and the 
amount of fees to be paid for tuition. They shall remove any officer 
connected with the university, when, in their judgment, the good of 
the institution requires it. 

Sec. 1597. The board of regents is authorized to expend such por- 
tion of the income of the university fund as it may deem expedient, 
in the purchase of apparatus, library, and a cabinet of natural history, 
in providing suitable means to keep and preserve the same, and in 
procuring all other necessary facilities for giving instruction. 

Sec. 1598. All specimens of natural history and geological and 

mineralogical specimens, which are or hereafter may be collected by 

the state geologist of Iowa, or by any others appointed by the state 

to investigate its natural history and physical resources, shall belong 

to and be the property of the state university, and shall form a part 

of its cabinet of natural history, which shall be under the charge of 

the professor of that department. 

******** 

Sec. 1600. The president of the university shall make a report on 
the fifteenth day of September preceding the meeting of the general 
assembly, to the board of regents, which shall exhibit the condition 
and progress of the institution in its several departments, the differ- 



SCHOOL LAWS OF IOWA. 9 

ent courses of study pursued therein, the branches taught, the means 
and methods of instruction adopted, the number of students, with 
their names, classes, and residences, and such other matters as he 
may deem proper to communicate. 

Skc. 160L (As amended by Chap. 82, Laws of 1888.) The board 
of regents shall, on the first day of October preceding each regular 
meeting of the general assembly, make a report to the superintend- 
ent of public instruction, which report, with that of the president of 
the university, shall be embodied in the said superintendent's report 
to the governor. The report of the board of regents shall contain 
the number of professors, tutors, and other officers, with the compen- 
sation of each, the condition of the university fund, and the income 
received therefrom, the amount of expenditures, and the items 
thereof, with such other information and recommendations as they 
may deem expedient to lay before the general assembly. 

COUNTY HIGH SCHOOLS. 

Section 1697. Eich county having a population of two thousand 
inhabitants or over, as shown by the last state or federal census, may 
establish a high school on the conditions and in the manner herein- 
after prescribed, for the purpose of affording better educational fa- 
cilities for pupils more advanced than those attending district schools, 
and for persons desiring to fit themselves for the vocation of teach- 
ing. 

Sbg. 1698. When one-third of the electors of a county, as shown 
by the returns of the last preceding election, shall petition the board 
of supervisors requesting that a county high school be established in 
their county at the place in said petition named, then, or when said 
board in its discretion shall deem proper, said board shall give twenty 
days' notice previous to the next general election, or previous to a 
special election duly called for that purpose, that they will submit 
the question to the electors of said county whether such high school 
shall be established; at which election said electors shall vote by 
ballot, for or against establishing such county high school. The no- 
tice contemplated in this section shall be given through one or more 
newspapers published in said county, if any be published therein, and 
by at least one written or printed notice to be posted in each town- 
ship. 

Sec. 1699. After said election, the ballots on said question shall 
2 



1Q SCHOOL LAWS OF IOWA. 

be canvassed in the same manner as in the election for county offi- 
cers; and if a majority of all the votes cast on said question shall be 
in favor of establishing said school, the board of supervisors shall 
immediately proceed to appoint six persons, who shall be residents of 
the county, but not more than two of whom shall be residents of the 
same township, who shall, with the county superintendent of com- 
mon schools, constitute a board of trustees for said high school. 
Eich of said trustees appointed as aforesaid shall hold his office un- 
til his successor is elected and qualified, and shall be required, 
within ten days after appointment, to qualify by taking the oath of 
office, and giving such bond as may be required by the said board of 
supervisors for the faithful discharge of his duties. 

Sec. 1700. At the next general election after said appointment, 
there shall be elected in said county six high school trustees, who 
shall be divided into three classes of two each; each class to hold 
their office one, two, and three years, respectively, and their respect- 
ive terms to be decided by lot. And each year thereafter there shall 
be two such trustees elected to succeed those whose term is about to 
expire. And said trustees shall qualify and enter upon the duties of 
their office in the same manner and at the same time as other county 
officers. 

Sec. I'ZOL The county superintendent shall, by virtue of his 
office, be president of said board of trustees, and at the first meeting 
in each year they shall appoint from their own number a secretary 
and treasurer, who shall perform the usual duties devolving upon 
such officers for the term of one year, or until their successors are 
appointed to take their places. 

Sec. 1702. At said meeting, or at some succeeding meeting called 
for such purpose, said trustees shall make an estimate of the amount 
of funds needed for building purposes, for payment of teachers' 
wages, and for contingent expenses, and they shall present to the 
board of supervisors a certified estimate of the rate of tax required 
to raise the amount desired for such purposes. Bat in no case shall 
the tax for such purposes exceed in one year the amount of five mills 
on the dollar on the taxable property of the couaty, and, when the 
tax is levied for the payment of teachers' wages and contingent ex- 
penses only, shall not exceed two mills on the dollar. 

Sec. 1703. The said tax shall be levied and collected in the same 
manner as other county taxes, and when collected the county treas- 
urer shall pay the same to the treasurer of the county high school, in 



SCHOOL LAWS OF IOWA. ^ 

the same manner that school funds are paid to the district treasurers 
as required by law. 

Sec. 1Y04. The said treasurer of the high school shall give such 
additional bond as the board of trustees may deem sufficient, and re- 
ceive all moneys from the county treasurer, and from other parties, 
that belong to the funds of said school, and pay the same out only by 
direction of the board of trustees, upon orders duly executed by the 
president, countersigned by the secretary thereof, stating the purpose 
for which they were drawn. Both the secretary and treasurer shall 
keep an accurate account of all moneys received and expended for 
said school; and at the close of each year, and as much oftener as 
required by the board, they shall make a full statement of the finan- 
cial affairs of the school. 

Sec. 1705. The said board of trustees shall proceed as soon as 
practicable after their appointment as aforesaid, to select the best 
site, in accordance with the vote of the county, that can he obtained 
without expense to the same, and the title thereof shall be vested in 
said county. They shall then proceed to make such purchases of ma- 
terial, and to let such contracts for their necessary school buildings, 
as they may deem proper, but shall not make any purchase or con- 
tract in any year to exceed the amount on hand, and to be raised by 
the levy of tax that year. 

Sec. 1706, When said board of trustees shall have furnished a 
suitable building for the school, they shall employ some competent 
teacher to take charge of the same, and furnish such assistant teachers 
as they deem necessary, and provide for the payment of their salaries. 
As far as practicable model schools shall be encouraged; and advanced 
students, and those preparing to become teachers, may be employed, 
a portion of their time in teaching the younger pupils, in order that 
they may become familiar with the practice as well as theory of suc- 
cessful school teaching, and also avoid, as far as practicable, the ex- 
pense of employing other assistant teachers. 

Sec. 1707. Tuition shall be free to all pupils of such school resid- 
ing in the county where the same is located. The board of trustees, 
however, shall make such general rules and regulations as they deem 
proper in regard to age and grade of attainments essential- to entitle 
pupils to admission in the school. If there should be more applicants 
than can be accommodated at any time, each district shall be entitled 
to send its equal proportion of pupils, according to the number of 
pupils it may have, as shown by the last report to the county super- 



22 SCHOOL LAWS OF IOWA. 

intendent of common schools. And the boards of the respective 
school districts shall designate such pupils as may attend. 

Sec. 1V08. If, at any time, the school can accommodate more pupils 
than apply for admission from that oounty, the vacancies may be 
filled by applicants from other counties, upon the payment of such 
tuition as the board of trustees may prescribe; but at no time shall 
such pupils continue in said school to the exclusion of pupils belong- 
ing in the county in which such high school is situated. 

Sbc. 1Y09. The principal of any such high school, with the ap- 
proval of the board of trustees, shall make such rules and regulations 
as he deems proper in regard to the studies, conduct and government 
of the pupils under his charge, and if any such pupils will not con- 
form to and obey the rules of the school they may be suspended or 
expelled therefrom by the board of trustees. 

Sec. 1710. The said board of trustees shall annually make a re- 
port to the board of supervisors of their county, which shall specify 
the number of students, both male and female, who have been in 
attendance at the county high school during the year, the branches of 
learaing taught, the text-books used, the number of teachers em- 
ployed, the amount of salary paid to them, the amount expended for 
library and apparatus, and for buildings and all other expenses; also, 
the amount of funds on hand, debts unpaid, and other information 
deemed important or expedient to report. Said report shall be 
printed in at least one newspaper in the county, if any is published 
therein, and a copy of the report shall be forwarded to the state 
superintendent of public instruction. 

Sec. 1711. The board of supervisors shall have power to fill any 
vacancy that may occur in the board of trustees of that county, by 
appointment, until the next general election, and a majority of such 
board of trustees shall be a quorum for the transaction of business. 

Sec. 1712. The board of supervisors may allow each member of 
the board of trustees the sum of two dollars per day for the time 
actually employed in the discharge of his official duties, and when 
such accounts are presented for payment they shall be audited and 
paid out of the county treasury, in the same manner as other accounts 
against the county, and said trustees shall not be entitled to any 
further remuneration for services or expenses. 



SCHOOL LAWS OF IOWA. 



SCHOOL DISTRICTS. 



13 



Section 1*7 13. Each civil township now or hereafter organized, 
and each independent school district organized as such prior to the 
taking effect of this code, is hereby declared a school district for all 
the purposes of this chapter, subject to the provisions hereinafter 
made. 

Sec. 1714, When an organized district has been left without offi- 
cers, the township trustees shall give such notice for a special elec- 
tion of directors as is required in cases of regular district elections; 
and the persons elected shall continue in office until their successors 
are duly elected and qualified. 

Sec. 1715. When changes in civil township boundaries are made, 
or any district shall be divided into two or more entire townships for 
civil purposes, the existing board of directors shall continue to act 
for both or all the new districts, or parts of districts, until the next 
regular district election thereafter, at which time the new district 
township shall organize by the election of directors. The respective 
boards of directors shall, immediately after such organization, make 
an equitable division of the then existing assets and liabilities 
between the old and new districts; and in case of a failure to agree. 

Sec. 1713. The design of the law is that civil and district township boun- 
daries shall coincide. When new civil townships are formed, the corres- 
ponding changes in district township boundaries take effect at the next sub- 
district election. Sections 1715 and 1796. 

Sec. 1714. (a) In case the board is reduced below a quorum, by resigna- 
tion or otherwise, the township trustees call a special election to fill the 
vacancies. The ballots in such election, in independent districts, should in- 
dicate in whose place the person voted for shall serve. 

(&) In independent districts five notices shall be posted, as provided in 
sections 1742 and 1801; in district townships three notices are required in 
each subdistrict, as provided in section 1718. Note (6) to form 2. 

Sec. 1715. (a) New district townships are not organized until the first 
Monday in March after the election of oflScers of the civil townships. 

(b) When subdistricts are divided by changes in civil township bounda- 
ries, the boards should incorporate the several parts with other subdistricts, 
or otherwise provide for such territory, so that all electors may vote at the 
following subdistrict election; in the absence of such action the territory 
properly belongs to the subdistrict which it adjoins, and the electors are en- 
titled to vote therein. 

(c) The boundaries of subdistricts lying wholly within the old or new dis- 
tricts, are not affected by the division of civil townships. 



24 SCHOOL LAWS OF IOWA. 

the matter be may decided by arbitrators, chosen by the parties in 
interest. A similar division shall be made in case of the formation 
or changes of boundaries of independent districts. 

Sec. 1*716. Every school district which is now, or may hereafter 
be organized, is hereby made a body corporate by the name of the 
"district township," or "independent district" (as the case may be), 

(d) Five days before the time for the regular subdistrict election, first 
Monday in March, written notices should be posted in three public places in 
each subdistrict, in both the old and new townships, by the resident subdi- 
rector; where there is no subdirector, by the secretary. Form 2, and notes. 

(e) Assets include school-houses, sites and all other property and moneys 
belonging to the district. Liabilities include all debts for which the district 
in its corporate capacity is liable. In determining the assets, school prop- 
erty should be estimated at its present cash value. 

{/) Each fund should be divided separately between the districts, in pro- 
portion to the last assessed value of the property, real and personal. Any 
portion of the teachers' fund, however, derived from the semi-annual appor- 
tionment, should be divided in proportion to the number of persons between 
the ages of five and twenty-one years, according to the last enumeration. 

{g) School-houses will usually become the property of the district in which 
they are situated. If their value exceeds the amount justly due the district, 
and there is not sufficient school-house fund on hand to equalize the divis- 
ion, the board should fix the amount each district should receive or pay. 

(h) An equitable arrangement mutually satisfactory to the parties in in- 
terest will be in accordance with thej intent of the law. Any agreement 
should be reduced to writing, and entered in the records of each district. 

[i) The districts, after the division, which do not receive their just pro- 
portion of school-house property, have a claim against those that do obtain 
more than their due share. The last named are indebted to the first in the 
difference. 36 Iowa, 216, 

(j) A simple and just method to dispose of unpaid and delinquent taxes, 
also of all funds in the hands of the county treasurer, and not available, 
section 1785, is to direct the payment of these funds in such manner that 
taxes derived from any part of the territory shall be paid to the district to 
which such territory will then belong. 

(fc) If money is received by one which belongs to another, the rule is a 
general one that the law implies a promise on the part of the receiver to pay 
it over. Based upon this promise an action may be maintained for 
its recovery. And this rule applies to corporations as to individuals. 11 
Iowa, 506. 

Sec. 1716. (a) Insults, contracts, and conveyances, the corporate name 
should be strictly observed. 

(b) A subdistrict is not a corporation, and hence can neither hold prop- 
erty nor perform any corporate act. 



SCHOOL LAWS OF IOWA. 25 

of ,in the county of. . , , , 

and in that name may hold property, become a party to suits and con- 
tracts, and do other corporate acts. 

DISTRICT TQ-WeTSHTP MEBTING, 

Section I7l7. (As amended by Chap. 51, Laws of 1882.) Each 
district township shall hold an annual meeting on the second Monday 
in March, and the electors of the district, when legally assembled at 
such meeting, shall have the following powers: 

1. To appoint a chairman and secretary in the absence of the reg- 
ular officers; 

2. To direct the sale or other disposition to be made of any school- 
house, or the site thereof, and of such other property, personal and 
real, as may belong to the district; to direct the manner in which the 
proceeds arising therefrom shall be applied; to determine what addi- 
tional branches shall be taught in the schools of the district; or to 
delegate any of these powers to the board of directors; and to author- 

Sec. 1717. (a) District townships are authorized to hold only one meet- 
ting in each year, except as provided by section 1717i. The meeting cannot 
be adjourned to another day. 

(6) Ten days' previous notice of this meeting should be given by the dis- 
trict township secretary, section 1742, but as the law fixes the day of the 
meeting of the electors of the district township, and also of the subdistrict, 
a failure to give full notice, or any notice at all, though a violation of law, 
will not invalidate the proceedings of the meeting, if one is held at the 
usual time and place. 10 Iowa, 212. 

(c) The president and secretary are the regular officers of this meeting, 
and should act as such if present. Sections 1739 and 1711. 

id) School-houses cannot be sold without a previous vote of the electors, 
but their action in voting a tax for the erection of a new school-house on 
the old site gives the board authority to remove or dispose of the old house. 

(e) The electors have no authority to instruct the board to loan money be- 
longing to the district, nor to order money invested in government bonds. 

(/) If the district township meeting direct that any additional branches 
shall be taught in one or all of the schools in the district township, their 
action is mandatory, and the board are bound to endeavor in good faith to 
fulfill the wishes of the electors. 

(g) All school-house taxes must be voted by the electors of the subdis- 
trict, or district township; this power cannot be delegated to the board. 

{h) The specific sum of money deemed necessary, and not a certain num- 
ber of mills on the dollar, should be voted, except when a district lies in 



IQ SCHOOL LAWS OF IOWA. 

ize the board of directors to obtain at the expense of the district town- 
ship, such highways as such board may deem necessary for proper 
access to the school-house in their districts; 

3. To vote such tax, not exceeding ten mills on the dollar in any 
one year, on the taxable property of the district township, as the 
meeting shall deem sufficient for the purchase of grounds and the 
construction of the necessary school-houses, for the use of the district, 
and for the payment of any debts contracted for the erection of 
school- houses, and for procuring district libraries, and for obtaining 
highways for access to school-houses; 

4. To instruct the board of directors to transfer any surplus in the 
school-house fund, not appropriated, to either the contingent or 
teachers' fund. 

Sec. 171H. (Chap. 84, Laws of 1880.) When a school district, 
by fire or otherwise, has been deprived of a school building, and the 
board of directors of such district by the use of the powers in them 
vested, are unable to provide for the continuance of the school 
therein; then such board of directors shall call a meeting of such dis- 
trict. 

The manner of calling such meeting, and the powers of such meet- 
ing, shall be as follows: 

1. The board of directors shall cause to be posted in three public 
places in such district, at least ten days prior to the designated time 

two counties. Chap. 67, Laws of 1874. The per centum necessary to raise 
this sum is determined by the board of supervisors. Sections 1777 and 1780. 

(i) The electors may not vote, nor the board appropriate, money to pur- 
chase text-books for the use of scholars. 

(j) Money may be paid for the purchase of a district library only when 
it has been voted tor that purpose by the electors. 

(fc) Any other mingling of funds than provided for in subdivision four is 
a violation of law. 

[l) The vote of the electors upon any of the questions mentioned in this 
section, may be taken by ballot, or viva voce, as the meeting shall direct. 
But pains should be taken to have the more important matters presented to 
the meeting when the attendance is largest. 

(w) Failing to carry out instructions from this meeting, the board may 
be compelled by mandamus to show reason why they have not complied 
with the request of the electors. 

(n) 1 he electors frequently assume to do more than is granted them by 
law. They have only such powers as are specifically named in the law. 



SCHOOL LAWS OF IOWA. 



17 



of holding such meeting, written notices of such meeting, in which 
shall be stated the time and place of such meeting, and the object or 
purpose for which the same is called. 

2. The powers of such meeting shall be the same as is prescribed 
in section iVlV hereof, except those powers which are set forth in 
paragraph 2, after the word " applied " in the fourth line thereof, and 
in paragraph 3, after the word " district " in the fifth line thereof. 

SUBDISTEICT MEETING. 

Section 1718. The several subdistricts shall, annually, on the first 
Monday in March, hold a meeting for the election of a subdirector, 
five days' notice of which meeting shall be given by the then resident 
subdirector, or, if there is none, by the district secretary, posting a 
written notice in three public places therein, and such notice shall 
state the hour of meeting. 

Sec, 1719. (As amended by Chap. 7, Laws of 1880.) At the meet- 
ing of the subdistrict a chairman and secretary shall be appointed, 
who shall act as judges of the election, and give a certificate of elec- 
tion to the subdirector elect. When there is a tie vote between two 
persons for the office of subdirector the secretary shall notify the sec- 
retary of the district township board of such tie vote, and shall notify 
said persons to appear at the regular meeting of the board on the 

Sec. 1718. (a) No district township or subdistrict meeting shall organize 
earlier than 9 a. m., nor adjourn before 12 m. Section 1789. The meeting 
should not be called later than 6 p. m. The law contemplates at least three 
hours for the election. Note (c) to section 1789. 

(6) Any election by the people must be held on tTie day designated, and 
officers must be elected by a single ballot. 

(c) If subdistrict boundaries are in controversy by way of appeal, the 
election for subdirectors should be made on the basis ot the status of the 
subdistricts on the day of electi®n. 

Sec. 1719. (a) The chairman and secretary are not required to qualify. 

(&) A person who acts as chairman at a school election is entitled to his 
vote as much as any other elector. 

(c) The election must be by ballot. Constitution, article 2, section 6. 

(d) No minor, non-resident nor alien can take part in a meeting of elect- 
ors. To be entitled to the right of suffrage a person must be a male citizen 
of the United States, twenty-one years of age, a resident of the state six 
mohths next preceding the election, and of the county sixty days. Consti- 
tution, article 2, section 1. 69 Iowa, 368. 

3 



IQ SCHOOL LAWS OF IOWA. 

third Monday in March to determine the tie vote by lot before one 
or more members of the board elected, and the certificate of election 
shall be given accordingly. Should either party fail to appear, or 
take part in the lot, the secretary shall draw for him. 

Sbc. 1720. In all district townships comprising but one subdistrict 
the board of directors shall consist of three subdirectors; and in all 
district townships comprising but two subdistricts it shall consist of 
one subdirector chosen from each subdistrict and one from the dis- 
trict township at large, who shall in both cases be elected in the man- 
ner provided by law for the election of one subdirector from each 
subdistrict. The judges of the respective subdistrict elections shall 
canvass the votes for subdirector chosen from the district township 
at large, and shall issue a certificate of election to the person elected. 

(e) The person receiving the greatest number of votes is elected, even 
though he has not received a majority of all the votes cast. 

{/) This section clearly provides how a tie vote shall be decided. 

(fir) The electors of a subdistrict may, at their regular meeting in March, 
determine what amount is required for the erection of a school-house in 
said subdistrict. A sum, in the aggregate, may be voted, and the subdi- 
rector must certify the same to the next district township meeting held 
thereafter. Section 1778. Form 5. 

Qi) If the subdistrict does not wish to have a tax to build their house 
levied upon themselves, they should simply prefer a request for a sufficient 
amount to build a school house in their subdistrict, not naming any fixed 
sum. Note (c) to form 3. 

Sec. 1720. (a) Where there is but one subdistrict in a district township 
the subdistrict meeting should be held at some central point, on the first 
Monday in March, for the election of three subdirectors, five days' notice 
of which should be given by the district secretary, as directed by section 
1718; and another meeting will be held on the second Monday in March, as 
provided by section 1717, the powers and duties of the two meetings being 
entirely separate and distinct, the first being a subdistrict, the second a dis- 
trict township meeting. 

(b) The board of a district township cannot consist of less than three 
members. If there are two subdistricts, the subdirector from the township 
at large should be voted for at both meetings, and to avoid confusion, 
tickets should specify: For subdirector, A. B.; For subdirector at large, 
C. D. 

(c) The failure or refusal of the proper ofiicers to issue a certificate to a 
person duly elected, cannot operate to deprive such person of his rights. 
The certificate or commission is the best, but not the only evidence of an 
election, and if that be refused secondary evidence is admissible. McCrary 
on Elections, section 171. 



SCHOOL LAWS OF IOWA. j^g 

BOARD OP DIRECTORS. 

Section If 21. (As amended by Chap. 27, Laws of 1874.) The 
subdirectors of the several subdistricts shall constitute a board of di- 
rectors for the district township, and shall enter upon their duties 
upon the day fixed for the regular meeting of the board in March, at 
which time they shall organize by electing from their own number a 
president, who shall simply be entitled to a vote as a member of the 
board; and from the district township at large, at their regular meet- 
ing on the third Monday of September in each year, a secretary and 
a, treasurer, unless there are at least five subdirectors in the district 
township, in which case they may be selected from the board; and 
said secretary and treasurer thus elected shall qualify and enter upon 
the duties of their respective offices within ten daj s following the 
date of their election. If selected from the district township at large 
they shall have no vote in the proceedings of the board. 

Sec. 1721. (a) The right or title to hold office cannot be determined by 
an appeal to the county superintendent. The proper remedy for any person 
aggrieved by the action of the board relating thereto is a petition to the dis- 
trict court, under sections 3345-3352, Code. 

(6) Directors continue in office until the third Monday in March and 
until their successors are elected and qualified. 

(c) It is quite customary for the outgoing board to meet on the third 
Monday in March and complete all their work, and for the new board to 
organize immediately thereafter. The legality or propriety of their doing 
so has never been questioned. 

id) Business done by the new board on the second Monday of March is 
void, because their term of office does not begin until the third Monday in 
March. All such business done, including the re-organization, should be 
re-enacted at a subsequent meeting to make it legal. 

(e) A member or officer of the board must have the qualifications of an 
elector, if a male; but no person shall be deemed ineligible, by reason of 
sex, to any school office. Chapter 136, laws of 1876. 

if) A president whose term as director has expired may take no further 
part in the board, even though a new president has not been chosen. 

{g) When the treasurer is chosen from the board, under section 1721, his 
ceasing to be a member of the board in March does not terminate his rela- 
tion as treasurer of the district until September following. 

(h) Where the law requires a certain duty to be performed by the board 
upon a fixed day, as for instance the election of a secretary and a treasurer, 
an adjournment of the meeting to another fixed date will allow the trans- 
action of the business directed to be done on the day of the regular meeting. 



2Q SCHOOL LAWS OF IOWA. 

Skc. 1722. (As amended by Chap. 176, Laws of 1880.) The board 
of directors shall hold their regular meetings on the third Monday in 
March and September of each year; and may hold such special meet- 
ings as occasion may require, at the call of the president, or by re- 
quest of a majority of the board; provided that the board of directors 
of a district township may hold their meetings at any place within 
the civil or district township in which such district township is sit- 
uated. 

Sec. 1723. They shall make all contracts, purchases, payments, 
and sales necessary to carry out any vote of the district, but before 

(i) No person may hold two oflQc^ of the board at the same time. 
{j ) A person cannot remain an officer or member of the board and reside 
in another district, even though in the same civil township. 

Sec. 1722. (a) Section 1738 provides that a majority of the board shall 
constitute a quorum. 

(6) Any duty imposed upon the board as a body must be performed at a 
regular or special meeting, and made a matter of record. 

(c) The consent of the board to any particular measure, obtained of in- 
dividual members when not in session, is not the act of the board, and is 
not binding upon the district. 47 Iowa, 11. 

(d) If a contract is made without authority from the board, the indi- 
viduals making such contract are personally liable. 

(e) Special meetings^ should be convened by a written call, signed either 
by the president or a majority of the members, and each member should be 
duly notified of the purpose of the meeting, as far as known. 

(/) This section authorizes the board of a district township to hold 
meetings in an independent district within the same civil township. 

Sec. 1723. (a) It is the duty of the board to make contracts for the 
erection of school-houses, when the means have been provided by the elec- 
tors. Forms 6, 7 and 8. 

(6) No member has authority to make a contract in behalf of the district, 
except under specific instructions of the board. 

(c) If the subdirector is appointed a committee to contract, it should be 
with certain limitations, and the contract must be reported to the board for 
approval, as provided by section 1753. 

(d) If members or officers of the board intentionally violate law they 
become personally liable. Iowa Eeports, 14, 510; 17, 155; 24, 337, and 38, 47. 

(e) If an agent makes a valid contract without authority, he is himself 
boiMid thereby. 37 Iowa, 314. But a contract made by the board does not 
bind the members personally when they do not put their official title to their 
signatures, biJt the district is beund. Iowa Reports, 7, 509; 11, 82. 



SCHOOL LAWS OF IOWA. 21 

erecting any school-liouse they shall consult with the county superin- 
tendent as to the most approved plan of such building. And all 
school-houses erected or repaired at a cost exceeding three hundred 
dollars, shall be so erected or repaired by contract, and no such con- 
tract for labor or materials shall be let until proposals for the same 
shall have been invited by advertisement for four weeks in some news- 
paper published in the county where the work is to be done, if there 

(/) Contracts made in violation of the terms of this section are illegal. 
Their fulfillment may be prevented by injunction. 

(fif) Before making a contract great pains should be taken to obtain the 
best possible plan for the building. On this point the law requires consul- 
tation with the county superintendent. 

[h) Contracts for the erection or repair of school-houses, or for material 
for the same, exceeding $300, cannot be entered into until proposals have 
been published at least twenty-eight days. Repairs include furniture. 

(i) After the contract is executed, it should be changed with caution, or 
the sureties may be released. 50 Iowa, 98. 

{J) The board cannot be required to commence the construction of a 
house until means to a reasonable extent have been provided. 

(k) Unappropriated school-house funds may be disposed of by the 
electors, under section 1717, for improvements, such as fencing school- 
house sites, providing wells, etc., or the same may be transferred to either 
the teachers' or contingent fund, and the board, under section 1723, are re- 
quired to carry out the vote of the electors. 

{I) The district may not form a partnership with any other party in the 
building of a school-house. This does not prevent the receiving of dona- 
tions and granting privileges under notes {g) and (i) to section 1753. 

(m) A board may bind a corporation by contracts entered into after the 
election of their successors and before their qualification. But they may 
not, unnecessarily make contracts to extend beyond their term. 87 111., 255. 

(n) While instances may occur in which the interests of the district will 
be subserved by making contracts with teachers and others, which will not 
expire for months after a change of officers, courtesy as well as justice dic- 
tates the impropriety of making contracts the execution of which will em- 
barrass successors in office. Ordinarily the new board should make con- 
tracts only for the year during which they serve. 

(o) The force and effect of any motion adopted by the board does not 
terminate with a change of officers or members, but remains in force until 
repealed. 36 Iowa, 361. 

(j5) A board may ratify or adopt such acts of officers de facto as the law 
would permit officers dejure to perform. 



22 SCHOOL LAWS OF IOWA. 

be one published therein, if not, in the nearest newspaper in an ad- 
joining county; and such contract shall be let to the lowest respon- 
sible bidder, and bonds with sufficient sureties for the faithful per- 
formance of the contract shall be required. 

Skc. 1724. They shall fix the site for each school-house, taking 
into consideration the geographical position and convenience of the 
people of each portion of the subdistrict, and shall determine what 

{q) Boards should not involve the district in an indebtedness for the erec- 
tion of school-houses, by contracts, or the issue of orders to exceed the 
amount voted by the electors. 

(r) District townships have no authority to issue bonds or other evi- 
dences of indebtedness for the purpose of borrowing money. 

(s) No district can become indebted in any manner, or for any purpose, 
to an amount, in the aggregate, exceeding five per cent on the value of its 
taxable property. Constitution, article 11, section 3. 

(t) Any unappropriated school-house fund in the district treasury may be 
used for the erection or repair of school-houses, at the discretion of the 
board, without action of the electors. 

(u) Chapter 146, laws of 1882, as amended, confers upon all boards the 
right to insure school property. This duty should not be neglected. 

(v) District property is exempt from general taxation, section 797, Code; 
from execution, section 3048, Code; from garnishment, section 2976, Code; 
and mechanic's lien, 54 Iowa, 81. 

(to) Sometimes a district desires to maintain a better or different fence 
than can be required of the party joining. In such cases it is quite cus- 
tomary for districts to build the whole fence. 

(x) There is no provision of law for condemning land for a school road. 
The law authorizes the board to purchase land and to levy a tax for that 
purpose. If the land cannot be procured by contract, the road may be es- 
tablished in the same manner and by the proceedings provided for the estab- 
lishment of highways, and when the damages have been assessed, the dis- 
trict may pay the same. 

{y) The local board of health have undoubted right under chapter 151, 
section 16, laws of 1880, to condemn and close for use as a school-house a 
building believed by them to be unfit for such purpose. 

i (2) A lightning rod may be supplied as a part of a new house, and paid 
for from the school-house fund. 51 Iowa, 432. 

Sec. 1724. (a) The power to locate sites for school-houses is vested, orig- 
inally, exclusively in the board. This authority should be exercised with 
great care, and without prejudice. The wishes of the people, for whom the 
house is designed, should be consulted as far as practicable, taking into ac- 
count the prospective as well as the present convenience of the subdistrict. 



SCHOOL LAWS OF IOWA. 23 

number of schools shall be taught in each subdistrict, and for what 
additional time beyond the period required by law they shall be con- 
tinued during each year. 

Sec. 1725. (As amended by Chap. 109, Laws of 1876, and Chap. 
125, Laws of 1886.) They shall determine where pupils may attend 
school, and for this purpose may divide their district into such sub- 
districts as may by them be deemed necessary; provided that no such 
subdistrict shall be created for the accommodation of less than fifteen 
pupils, but the board of directors shall have power to rent a room 
and employ a teacher for the accommodation of any ten scholars; 
provided further that nothing in this chapter contained shall be con- 
strued to prohibit the construction of as many school-houses, out of 

(&) The power of the board to fix the site carries with it the power to re- 
locate that site. 68 Iowa, 161. The exercise of this power is a proper and 
necessary adjunct of power to make alterations in subdistrict boundaries. 
An extension of settlements frequently changes the centers of population 
and necessitates a change of subdistrict boundaries, and the removal of 
school-houses to central localities in the new subdistricts. 23 Iowa, 408. 

(c) A site near the center of the subdistrict should be chosen, unless con- 
trolling circumstances indicate a different selection. The site should con- 
tain not less than one acre of ground, ordinarily. 

(d) Every new site, taken under section 1825, must be selected on some 
public highway, at least forty rods from any residence, the owner whereof 
objects to its being placed nearer, and not in any orchard, garden, or public 
park; except in incorporated towns or cities. Section 1826. Boards may re- 
build on sites without consent of owners of residences within forty rods. 

(e) The provisions of section 1825 do not apply in cases where the site is 
purchased. S. L. Decisions, 135. 

(/) The case of Randall v. Dist. Twp. Lincoln, S. L. Decisions, 84, is under- 
stood to mean that the board would expect to be again reversed on appeal, 
if making a location without a better reason than existed when the former 
action was taken. 70 Iowa, 338, and S. L. Decisions, 139. 

{g) Since a change of boundaries between subdistricts does not take effect 
until the subdistrict meeting in March, the board may not move the school- 
house to accommodate the proposed new subdistrict until after that time. 

(h) As regards the length of time during which schools arfi to be taught 
in each subdistrict, twenty-four weeks is the minimum. Section 1727. The 
maximum is unlimited, except as by section 1780, providing a limit to the 
amount of taxes for contingent and teachers' fund. 

Sec. 1725. (a) All changes in subdistrict boundaries must be made in 
strict conformity with sections 1738 and 1796. 



24 



SCHOOL LAWS OF IOWA. 



moneys derived from taxes levied previous to January 1, 1876, in any 
subdistrict where the subdistrict comprises the entire district town- 
ship, as shall have been authorized and provided for at the annual 
meeting of the district township electors. 

Sec. 1*726. They may establish graded or union schools wherever 
they may be necessary, and may select a person who shall have the 

(6) The words pupils and scholars, as used in this section, mean persons 
between the ages of five and twenty-one years. 

(c) All of a district township must be included in some subdistrict. 

(d) A subdistrict is not a corporate body and has no financial claims, nor 
can it be held liable for debts, except as a part of the district township. 

(e) The board may discontinue or abolish a subdistrict by a re- adjust- 
ment of boundaries, taking effect in March following. Section 1796. 

if) No change in boundaries may be made by the board which leaves any 
subdistrict with less than fifteen persons of school age. 

(g) In an organized subdistrict, even though there are not fifteen persons 
of school age, a school must be held, unless the board are excused by the 
county superintendent. Section 1727. 

{h) The board cannot provide an extra school for a less number than ten 
persons of school age. 

(i) There is nothing in law to prevent the erection of more than one school- 
house in a subdistrict. 69 Iowa, 533. 

Sec. 1726. (a) A graded school, open to the older and more advanced 
scholars from every subdistrict, may be advantageously established at some 
central point in the district township. 

(5) The law does not prescribe the branches that shall be taught in the 
public schools, further than to require all teachers to be qualified to teach 
certain branches enumerated in section 1766. 

(c) In the absence of instruction by the electors, the board should decide 
what branches besides those in a teacher's examination, shall be taught. 
r (d) ^Boards are empowered by virtue of the authority to establish graded 
schools, and of the general supervisory and discretionary powers with which 
they are invested, to prescribe courses of study and branches to be taught 
in the schools of their district. 

(e) Tit is very desirable that boards, county superintendent and teachers 
should work together in efforts to classify and harmonize the work to be 
done in. the ungraded schools. Much may be accomplished by concert of 
action in carrying forward some uniform method of classification and in- 
struction. 

if) A course of study should be prescribed by the board in every district, 
to which the electors may add additional branches, by section 1717. 



SCHOOL LAWS OF IOWA. 25 

general supervision of the schools in their district, subject to the 
rules and regulations of the board. 

Sec. 172*7. In each subdistrict there shall be taught one or more 
schools for the instruction of youth between the ages of five and 
twenty -one years, for at least twenty-four weeks, of five school days 
each, in each year, unless the county superintendent shall be satisfied 
that there is good and sufficient cause for failure so to do. Any per- 
son who was in the military service of the United States during his 
minority shall be admitted into the schools of the subdistrict in 
which he may reside on the same terms on which youths between the 
ages of five and twenty-one are admitted. 

{g) It is not within the province of individual parties to demand instruc- 
tion outside the branches usually taught. 

Qi) If it is understood that the principal of a school has charge of other 
rooms besides his own, he has the same power in managing the children that 
is by law given to other teachers. 

Sec. 1727. (a) Unless the C3unty superintendent finds it quite impracti- 
cable that a school should be held, and releases the board, they are required 
by the law to provide a school in every subdistrict. 

(6) The board may establish more than one school in a subdistrict if nec- 
essary for the accommodation of the children, subject to the limitations 
contained in sections 1725 and 1780. 70 Iowa, 102. 

(c) Under section 1724, the board have power to provide for a longer 
period of school than twenty-four weeks; this increase of time does not ap- 
ply to the extra schools granted. 

id) When two school-houses are within the same district, or subdistrict, 
a school of three months in each, held at the same time, does not fulfill the 
requirements of the law that a school of at least twenty-four weeks shall be 
taught in each subdistrict. 

(e) The school year for school purposes should be regarded as beginning 
on the third Monday in March, when a new board enter upon their duties. 

if) All the youth of the state from five to twenty-one years of age, irre- 
spective of religion, race or nationality, are entitled to the same school 
facilities. While schools may be graded according to the proficiency of pu- 
pils, no discrimination, such for instance as requiring colored pupils to 
attend separate schools, can be enforced. 24 Iowa, 266. 

ig) Persons over twenty-one years of age are not entitled to the benefits 
of the public schools, except as provided in the latter part of this section. 
If, however, the school is not full, they and non-residents may be admitted, 
in the discretion of the board, upon such terms as the board may prescribe. 

(h) Children under five years of age will be more injured by the confine- 
ment than benefited by the instruction. They cannot claim the advantages 
of the school, and should not be admitted. 
4 



26 SCHOOL LAWS OF IOWA. 

Sec, 1728. The board of directors of any district township or in- 
dependent district shall not order, or direct, or make any change in 
the school-books or series of text-books used in any school under their 
superintendence, direction, or control, more than once in every period 
of three years, except by a vote of the electors of the district town- 
ship or independent district. 

Sbc. 1729. They may use any unappropriated contingent fund in 
the treasury to purchase records, dictionaries, maps, charts, and appa- 
ratus for the use of the schools of their districts, but shall contract 
no debts for this purpose. 

Sec. 1730. They shall appoint a temporary president and secretary 
in case of the absence of the regular officers, and shall fill any vacancy 

Sec. 1728. (a) This section only implies the power of the board to adopt 
text-books for their schools, but to avoid the great variety of text-books 
used in the schools and too frequent changes of the same, we think the 
board should exercise their authority by adopting text-books, having due 
regard to those in common use. 

(6) The change of any one text-book in the school does not prevent the 
board from changing any or all other books at a subsequent time. Neither 
subdirector nor teacher has authority to change text-books. 

(c) The electors may not vote, nor the board appropriate, money for the 
purchase of text-books for the use of the district. 

(d) The board are not prohibited from buying text-boeks and selling 
them to scholars at cost, if choosing to do so on their own responsibility. 

Sec. 1730. (a) A vacancy can be created only by death, removal, resigna- 
tion, or failure to elect at the proper election, there being no incumbent to 
continue in office. Section 781, Code. A failure to elect or qualify does not 
create a vacancy, for the incumbent, whether elected or appointed, contin- 
ues in office until his successor is elected and qualified. Section 784, Code. 
If the incumbent does not qualify in the time fixed by the board, a vacancy 
exists. Sections 690 and 686, Code. 

(&) A change in the boundaries of subdistricts does not create a vacancy, 
for changes do not take effect until the next subdistrict election. Section 
1796. If a subdistrict is divided, so as to form a new one, the subdirector 
will continue to act as though no change had been made, until the expira- 
tion of his official term. 

(c) If a person without the requisite qualifications, is elected a member 
of the board and acts with the board, being a member de facto, his acts will 
be valid; but when his disqualification becomes known, the board should 
declare the place vacant and appoint his successor. 23 Iowa, 96. 

{d) School directors may resign at any time. A verbal resignation may 
be tendered to the board when in session, or a written resignation may be 



SCHOOL LAWS OF IOWA. 27 

that may occur in the office of president, secretary, or treasurer, or in 
the board of directors. 

Sec. 1731. They shall require the secretary and treasurer to give 
bonds to the district in such penalty and with such security as they 
may deem necessary to secure the district against loss, conditioned 
for the faithful performance of their official duties. The bonds shall 
be filed with the president, and in case of a breach of the conditions 
thereof he shall bring suit thereon in the name of the district town- 
ship or independent district. 

Sec. 1732. They shall, from time to time, examine the accounts of 
the treasurer and make settlement with him; and shall present, at 

handed to some member to be presented at a subsequent meeting, for ac- 
ceptance by the board. No one can be compelled to serve against his wishes- 

(e) When a director habitually neglects the duties of his office, he may 
be compelled by mandamus to perform them. 

(/) Boards have no authority to remove any member or officer of the 
board. Such removal may be made only by the courts as provided by sec- 
tions 746-750, Code. 

[g) In case the board is reduced below a quorum by resignation, or other- 
wise, the township trustees must call a special election to fill the vacancies, 
as provided by section 1714. 

Sec. 1731. (a) The law requires all official bonds to be secured by at least 
two sureties, who are freeholders, and whose aggregate property is double 
the amount of the bond; the oath of office to be subscribed on the back of 
the bond, or attached thereto, and the sureties to make affidavit that they 
are worth the amount named in the bond. Sections 249, 250, 675 and 679, 
Code. Form 10. 

(6) As the bonds of the secretary and treasurer must be approved by the 
board, no member should become surety for these officers. 

(c) Any officer whose duty it is to give bonds for the proper diseharge of 
the duties of his office, and who neglects so to do, is guilty of a misdemeanor, 
and is liable to a fine. Section 684, Code. 

(d) A board approving bonds which they know to be insufficient, do not 
discharge the duty incumbent upon them, and are liable under section 3965, 
Code, on a charge of misdemeanor. Iowa Reports, 14, 510; 18, 153. 

Sec. 1732. (a) The interest and protection of the tax-payers require that 
such settlement should be made at least twice a year, and more frequently 
if deemed necessary, and the settlement at the end of the term requires that 
the funds and property shall be produced and fully accounted for, and that 
these facts should be indorsed upon the bond of the treasurer, if he is re- 
elected. Section 690, Code, quoted in note (d) to section 1751. 69 Iowa, 269. 



^3 SCHOOL LAWS OF IOWA. 

each regular meeting of the electors of the district township, a full 
statement of the receipts and expenditures of the district township, 
and such other information as may be deemed important. 

Sec. 1Y33. They shall audit and allow all just claims against the 
district, and fix the compensation of the secretary and treasurer, and 
no order shall be drawn on the treasury until the claim for which it 
is drawn has been audited and allowed. 

Sec. 11 Si. They shall visit the schools in their district, and aid 
the teachers in establishing and enforcing the rules for the govern- 
ment of tne schools, and see that they keep a correct list of the pupils, 
embracing the periods of time during which they have attended 

(6) This section contemplates that a full report of the affairs of the dis- 
trict shall be made by the board at each annual meeting of the electors. 
This work appropriately devolves upon the president, unless the board desig- 
nate some other member. When practicable, the report should be pub- 
lished. 

Sec. 1733. (a) All demands, whether by contract or otherwise, must be 
approved by the board when in session, before an order may be drawn on the 
treasury, and no oflacer should draw an order unless he is authorized to do 
so by a vote of the board, at a regular or special meeting. 

(&) Only the secretary and treasurer may receive compensation for the 
discharge of duties required by law. Section 1738. 

(c) It is the duty of the board to examine all contracts for the employ- 
ment of teachers, and the construction of school-houses, or for any other 
purpose, and to see that the stipulations have been complied with, before 
they authorize the payment of money thereon. 

(d) The board may authorize the president and secretary to draw war- 
rants for the payment of teachers' salaries at the end of each school month, 
upon proper evidence that the service has been performed, but the order for 
wages for the last month should not be drawn until the report required by 
section 1760 is filed in the office of the secretary. 

(e) School orders issued without a vote of the board or otherwise illegally 
issued, although they may be signed by the president and countersigned by 
the secretary, are not binding upon the district; neither can they acquire 
validity by being transferred to third parties. If illegal when issued, they 
axe illegal forever. 19 Iowa, 199 and 248. 

(/) An order is not a negotiable paper. It is subject to all equities and 
defenses to which it would have been subject in the hands of the payee. 29 
Iowa, 339. 

Sec. 1734. (a) Boards have entire control of the public schools of their 
district and the teachers employed therein. The board may establish such 



SCHOOL LAWS OF IOWA. 



29 



school, the branches taught, and such other matters as may be re- 
quired by the county superintendent. In case a teacher employed in 
any of the schools of the district township is found to be incompe- 
tent, or is guilty of partiality or dereliction in the discharge of his 
duties, or for any other suflScient cause shown, the board of directors 
may, after a full and fair investigation of the facts of the case, at a 
meeting convened for the purpose, at which the teacher shall be per- 
mitted to be present and make his defense, discharge him. 

Sbc. 1735. The majority of the board in independent districts 
shall have power, with the concurrence of the president of the board 

rules and regulations for the government of teachers and pupils, consistent 
with law, as the interests of the schools require. S. L. Decisions, 130. 

(&) The teacher is the agent of the board, and rules made and enforced 
by the teacher with either the formal or tacit consent of the board, are in 
eifect the rules of the board. 

(c) It is the duty of the teacher, under the direction of the board, to de- 
termine what branches shall be pursued by each pupil. 

{d) Without special mention in the teacher's contract, it is understood 
that only the common branches are expected to be taught. 

(e) It is competent for boards to provide by rules that pupils may be sus- 
pended from the schools in case they shall be absent or tardy a certain num- 
ber of times within a fixed period, except for sickness or other unavoidable 
cause. 31 Iowa, 562. 

(/) The rules adopted by the board remain and continue in force until 
repealed. 35 Iowa, 361. 

Ig) The board of any district have the right to include music, drawing, 
or any other study, in the course of study for their schools. Section 1766. 

[h) Boards may dismiss teachers only for good cause shown. In case the 
board pass an order to dismiss, the material reason therefor should be 
spread upon the record; for, while in case of contest, these reasons would 
not be conclusive against the teacher, the board would be estopped from 
presenting other reasons than those named in the record. 

[i) When a teacher is unjustly dismissed, an appeal may be taken from 
the action of the board in dismissing him, but a suit at law must be brought, 
if he seeks to recover his pay upon ^e contract. The teacher should be 
paid only to the date of legal dismissal. 

(i) In the trial of a teacher, when it is sought to dismiss him, all the 
provisions of section 1734 must be strictly complied with. The board may 
not prevent the teacher from making a full defense, and the teacher may 
appear by attorney, or otherwise, as he chooses. S. L. Decisions, 120. 

Sec. 1735. (a) If the effects of acts done out of school hours reach 
within the school-room during school hours, and are detrimental to good 



30 SCHOOL LAWS OF IOWA. 

of directors, to dismiss or suspend any pupils from the school in 
their district for gross immorality or for a persistent violation of the 
regulations or rules of the school, and to readmit them if they deem 
proper so to do. 

Sec. 1*736. They shall at their regular meeting in March of each 
year; require the secretary to file with the county superintendent, 
county auditor and county treasurer, each, a certificate of the election, 
qualification and post-office address of the president, treasurer, and 
secretary of the district township, and to advise them from time to 
time of any changes made in said offices by appointment. 

Sec. 1737. They shall make such rules and regulations as may be 
necessary for the direction and restriction of subdirectors in the dis- 
charge of their official duties, and not inconsistent with law. 

order and the best interests of the pupils, it is evident that such acts may 
be forbidden. 31 Iowa, 562. 

(b) The board will be justified in refusing to permit the attendance of a 
pupil whose parent will not consent that he shall obey the rules of the 
school. 50 Iowa, 145; S. L. Decisions, 130. 

(c) A board may not adopt a rule which will deprive a child of school 
privileges, except as a punishment for breach of discipline or an offense 
against good morals. 56 Iowa, 476. 

(d) A careful investigation of the charges against the scholar should be 
made before he is dismissed. Section 1756, and notes. 

(e) The board may exclude children coming from houses where there are 
contagious diseases; and may also enforce a rule that children not vaccina- 
ted shall be excluded. 

Sec. 1736. It is very important that the secretary should file the certifi- 
cate with the county officers named, immediately after the regular meetings 
of the board in March and September, otherwise funds belonging to the 
district may be paid to persons not authorized to receive them. Whenever 
a change is made the county officers should be notified. Form 11. 

Sec. 1737. These rules should be carefully prepared, adopted by the 
board and recorded, and each subdirector should be furnished with a copy. 
They may properly provide all restrictions, not in conflict with law, which 
the board may see fit to adopt for the guidance of subdirectors. They may 
direct that a subdirector may not teach his own school; that no contracts 
shall be made by him which do not expire with the school year; and that he 
may not engage a near relative as teacher unless he has obtained the previ- 
ous consent of a majority of the board, nor employ any teacher to whom a 
majority of the electors or patrons object in writing. Section 1753, and 
notes. 



SCHOOL LAWS OF IOWA. 



31 



Sec. 1Y38. A majority of the board of directors shall be a quorum 
to transact business, but a less number may adjourn from time to 
time, and no tax shall be levied by the board after the third Monday 
in May; nor shall the boundaries of subdistricts be changed except 
by a vote of the majority of the board, nor shall the members of the 
board, except its secretary and treasurer, receive pay out of any 
school funds for services rendered under this chapter. 

PBESIDBNT. 

Sbction 1739. (Amended by Chap. 46, Laws of 1882.) The presi- 
dent shall preside at all meetings of the board of directors of inde- 
pendent districts and of the district townships, shall draw all drafts 
on the county treasury for money apportioned to his district, sign all 
orders on the treasury, specifying in each order the fund on whieh it 

Sec. 1738. (a) As to the proper course to pursue when the board is re- 
duced below a quorum, see note ig) to section 1730. 

(&) In the absence of a direct provision of law, or of a by-law requiring 
a majority vote of all the board, or one providing that the highest vote will 
carry, or a rule imposing some other limitation upon the board, a majority 
of the votes cast, a quorum being present, will carry a measure. 

(c) Our supreme court have held that the provision of this section, that 
no tax shall be levied by the board after the third Monday in May, is man- 
datory, and that a tax voted after that time is void. This decision renders 
it essential that boards act promptly, and see that all taxes are voted within 
the time required by the law. Section 1777. 

(d) A change of subdistrict boundaries is illegal and void, unless made 
by a majority of the whole board. 

(e) Any compensation paid to any other member of the board than the 
secretary and treasurer, for the performance of official duties, is in direct op- 
position to the law, and an open violation of the oath of office. Tor loca- 
ting sites, or receiving buildings on the completion of contracts, they clearly 
cannot receive pay. 

Sec. 1739. (a) The president of the board must take the oath of office ac- 
cording to article 11, section 5, of the Constitution of Iowa. 

(&) The president has the right to vote on all questions coming before the 
board. If by such vote a tie is produced, the motion is lost. Sections 1721 
and 1802, notes. 

(c) The president may sign no order on the district treasury except by 
authority of the board. Section 1733 and notes, and section 1741, notes (ft) 
and (i). 

(d) The president may not act as secretary or treasurer of the board. 



32 



SCHOOL LAWS OF IOWA. 



is drawn and the use for which the money is appropriated, and shall 
sign all contracts made by the board, and shall be empowered to ad- 
minister the oath of office to the secretary, treasurer, and members of 
the board. 

Sec. 1740. He shall appear in behalf of his district in all suits 
brought by or against the same, but when he is individually a party, 
this duty shall be performed by the secretary; and in all cases where 
suits may be instituted by or against any of the school officers to 
enforce any of the provisions herein contained, counsel may be em- 
ployed by the board of directors. 

SECRETARY. 

Section 1741. The secretary shall record all the proceedings of 
the board and district meetings in separate books kept for that pur- 
pose; shall preserve copies of all reports made to the county super- 
intendent; shall file all papers transmitted to him pertaining to the 
business of the district; shall countersign all drafts and orders drawn 
by the president, and shall keep a register of all orders drawn on the 

(e) In the absence of the president, or when he refuses to discharge the 
proper duties of his office, a temporary president may be appointed, who 
during the time he is acting as president, may sign orders and contracts, and 
do all other acts proper to be done by the president, but is not authorized to 
act except when the board is in session. 

(/) To be valid, an order mustexpress upon its face the fund upon which 
it is drawn, and the purpose for which it was issuea. 

(g) An order of the board cannot be considered as officially transmitted, 
unless signed by the president, as well as by the secretary. 

(h) The failure of an officer to attach his official title to his signature, 
will not affect the instrument so far as the district is concerned, provided 
the writing was authorized, and made for the district, and this fact can be 
shown. Iowa Reports, 7, 509; 11, 82. 

Sec. 1740, (a) The expenses in suits provided for by this section should 
be paid from the contingent fund. 

(6) Appeals to the county superintendent or superintendent of public in- 
struction, are not suits brought by or against the district, nor are they suits 
brought by or against any of the school officers, within the meaning of the 
law, and no charge can be made against the district for attorney fees. 36 
Iowa, 411. 

Sec. 1711. (a) It is essential that the record of the proceedings of the 
board and district meetings should be properly kept. Every transaction 
should be carefully noted, and the proceedings read and approved. 



SCHOOL LAWS OF IOWA. 



33 



treasury, showing the number of the order, date, name of the person 
in whose favor drawn, the fund on which it is drawn, for what pur- 
pose and the amount; and shall, from time to time, furnish the 
treasurer with a transcript of the same. 

Sec. 1743. He shall give ten days' previous notice of the district 
township meeting by posting a written notice in live conspicuous 
places therein, one of which shall be at or near the last place of meet- 
ing, and shall furnish a copy of the same to the teacher of each school 
in sessioi), to be read in the presence of tbe pupils thereof, and such 
notice shall, in all cases, state the hour of meeting. 

Sec. 1743. He shall keep an accurate account of all the expenses 
incurred by the district, and shall present the same to the board of 
directors, to be audited and paid as herein provided. 

(b) The registry of orders is an important matter. Every order drawn 
should be promptly reported to the district treasurer, as he has no other 
means of determining the amount of outstanding orders, otherwise he can- 
not comply with the law requiring him to make partial payments. Section 
1718 and form 16. 

(c) The secretary is the custodian of the order book. He fills out the 
orders which the president afterward signs. 

(d) Ihe secretary may not act as president or treasurer. 

(e) Since the secretary is the clerical oflicer of the board, and cares for 
the records of the district, we think he should act as librarian, unless tUe 
board select some other person. 

(/) Public records are public property, and are open to inspection at 
proper times by any citizen. No public officer may refuse examination of 
the records; but he is their custodian, and being charged with their safe- 
keeping, he must keep them in his possession. 

(g) The failure of the secretaiy to record all the proceedings of the board 
and of the district meetings in separate books, kept for that purpose, will 
not render the proceedings void. 8 Iowa, 298. 

(h) The secretary, president, and treasurer must conform to the icstruc- 
tions of the board so far as those instructions are in accordance with law, 
but they should not obey the board when directed to do an illegal act. 

(i) If the board appropriate money to pay their members, other than the 
secretary and treasurer, or for any other illegal purpose, the president and 
secretary should refuse to sign the order, and, if drawn, the treasurer 
should refuse to pay it. 

Sec. 1742. See sections 1718 and 1719, and notes. Form 17. 

Sec. 1743, The secretary is also required to keep an account current with 
the district treasurer, as provided by section 1782. 
5 



34 SCHOOL LAWS OF IOWA. 

Sec. 1*744, He shall notify the county superintendent when each 
school of the district begins, and its length of term. 

Sec. 1745. (As amended by Chap. 12, Laws of 1876, and Chap. 23, 
Laws of 1882.) Between the fifteenth and twentieth days of Septem- 
ber in each year, the secretary of each school district shall file with 
the county superintendent a report of the affairs of the district, 
■which shall contain the following items: 

1. The number of persons, male and female, each in his district, 
between the ages of five and twenty-one years; 

2. The number of schools, and the branches taught; 

3. The number of pupils, and the average attendance of the same 
in each school; 

4. The number of teachers employed, and the average compensa- 
tion paid per week, distinguishing males from females; 

5. The length of school in days and the average cost of tuition 
per week for each pupil; 

6. The textbooks used, and the number of volumes in the district 
library, and the value of apparatus belonging to the district; 

7. The number of school-houses, and their estimated value; 

8. The name, age, and post-office address of each deaf and dumb, 
and each blind person within his district between the ages of five and 
twenty-one, including all who are deaf and dumb to such an extent as 
to be unable to obtain an education in the common schools; the number 
of trees set out and in thrifty condition on each school house grounds. 

Sec. 1744. The name of the teacher should be given, and any other in- 
formation which will aid the county superintendent in planning his work of 
visitation, provided for in section 1774. 

Sec. 1745. (a) The blanks for the annual report of the secretary are fur- 
nished by the state, through county superintendents. The secretary should 
record the report, required by this section, in the district records. If a copy 
of the report is simply filed in his oflBce, it is liable to be destroyed or mis- 
laid, which may prove detrimental to the interests of the district. Form 18. 

(b) In districts formed of parts of two or more counties, the secretary 
should make the annual report to the county superintendent of the county 
in which a majority of the children reside. This report should not embrace 
those children who reside in portions of the district lying in other counties. 
The remaining number of children should be reported by the secretary to 
the superintendents of their respective counties. 

(c) In independent districts, it is the duty of the secretary to take the 
annual school enumeration required by the first clause of this section, unless 
the board assign the duty to another person; in which case, proper compen- 
sation should be given for the work required. 



SCHOOL LAWS OF IOWA. 35 

Sec. 1746. Should the secretary fail to file his report, as above di- 
rected, he shall forfeit the sum of twenty-five dollars and shall make 
good all losses resulting from such failure, and suit shall be brought 
in both cases by the district on his. official bond. 

TEEASUEEE. 

Section 1747. The treasurer shall hold all moneys belonging to 
the district, and pay out the same on the order of the president, coun- 
tersigned by the secretary, and shall keep a correct account of all ex- 
penses and receipts in a book provided for that purpose. 

Sec. 1746. In case subdirectors fail to make their annual reports, as re- 
quired by section 1755, the secretary should at once collect the statistics 
necessary for a complete report. Boards should insist on promptness in 
sending this report, and then should give the secretary a suitable compen- 
sation for his labors. Section 1733. 

Sec. 1747. (a) The language of this section is very explicit. It makes 
the treasurer the custodian of all moneys belonging to the district, which 
effectually precludes the idea of dividing the money belonging to any par- 
ticular fund among the subdistricts. He may pay it out only on the order 
of the president, countersigned by the secretary, and the president may sign 
no order unless he is authorized to do so by the board. Section 1733, and 
notes to same, also section 1741, notes (h) and [i). 

(b) In making payment, one order may not be given precedence before 
another. 40 Iowa, 620. 

(c) Neither the electors nor the board may authorize the treasurer to loan 
money belonging to the district. Note (e) to section 1717. 

(d) If any state, county, township, school or municipal officer, or officer 
of any state institution, or other public officer within the state, charged 
with the collection, safe-keeping, transfer, or disbursement of public money, 
fails or refuses to keep in any place of deposit that may be provided by law 
for keeping such money, until the same is withdrawn therefrom upon war- 
rants issued by the proper officer, or deposits such money in any other 
place than in such safe, or unlawfully converts to his own use in any way 
whatever, or use by way of investment in any kind of property, or loan with- 
out the authority of law any portion of the public money entrusted to him 
for collection, safe-keeping, transfer, or disbursement, or converts to his 
own use any money that may come into his hands by virtue of his office, 
shall be guilty of embezzlement to the amount of so much of said money as 
is thus taken, converted, invested, used, loaned, or unaccounted for, and 
upon conviction thereof he shall be imprisoned in the penitentiary not ex- 
ceeding five years, and fined in a sum equal to the amount of money embez- 
zled, and, moreover, is forever after disqualified from holding any office 
under the laws or constitution of this state. Section 3908, Code. 



36 SCHOOL LAWS OF IOWA. 

Sec. 1748. The money collected by district tax for the erection of 
school-houses and for the payment of debts contracted for the same, 
shall be called the school-house fund; that designed for rent, fuel, 
repair?, and all other contingent expenses necessary for keeping the 
schools in operation, the contingent fund; and that received for the 
payment of teachers, the teachers' fund; and the district treasurer 
shall keep with each fund a separate account, and shall pay no order 
which does not specify the fund on which it is drawn, and the specific 
use to which it is applied. If he have not sufficient funds in his 
hands to pay in full the warrants drawn on the funds specified, he shall 
make a partial payment thereon, paying as near as may be an equal 
proportion of each warrant. 

Sec. 1749. He shall receive all moneys apportioned to the district 
township by the county auditor, and also all money collected by the 
county treasurer on the district school tax levied for his district. 

Sec. 1748. (a) Minor improvements, such as the erection of ordinary out- 
houses, fences, etc., may be paid for from either the contingent or school- 
house fund. Ordinary repairs should be charged to the contingent fund; 
but when such repairs assume the magnitude of a rebuilding, or of an ex- 
tensive addition, they should be charged to the school-house fund. 

(b) The cost of seating new school- houses should be paid from the school- 
house fund. The law does not authorize the use of the contingent fund for 
the erection or completion of school- Jiouses, but when a house needs reseat- 
ing or other repairs, the cost may be defrayed either from the contingent 
fund, or from any unappropriated school house fund in the treasury. 25 
Iowa, 436. 

(c) Since the board receive no pay for their services, if they subscribe 
for any journal containing the official rulings and decisions of this depart- 
ment to aid them in their work, they have the right to pay for the same 
from the contingent fund. 

(d) Boards have no authority to transfer money from one fund to an- 
other, even temporarily, unless they are authorized under section 1717, sub- 
section 4, to transfer school-house fund to either of the other funds. 

(e) The teachers'fund should not be divided among the subdistricts, 
neither equally nor according to the number of children, nor upon any 
other basis. This fund can be paid out only to teachers for services per- 
formed, upon orders authorized by the board. 

(/) The board should grant a compensation to be paid teachers accord- 
ing to the circumstances and requirements of each subdistrict. Note (d) to 
section 1753. 



SCHOOL LAWS OF IOWA. 



37 



Sbc. 1750. He shall register all orders on the district treasury re- 
ported to him by the secretary, showing the number of the order, 
date, name of the person in who&e favor drawn, the fund on which it 
is drawn, for what purpose, and the amount. 

Sec. 1751. (As amended by Chap. 112, Laws of 1876.) He shall 
render a statement of the finances of the district from time to time, 
as may be required by the board of directors, and his books shall 
always be open for inspection. He shall make to the board, on the 
third Monday in September, a full and complete annual report, em- 
bracing: 

1. The amount of teachers' fund held over, received, paid out, and 
on hand. 

2. The amount of contingent fund held over, received, paid out, 
and on hand. 

Sec. 1750. The register provided for in this section is indispensable to 
the treasurer, under the law requiring him to make partial payments on or- 
ders, when he has not funds sufficient to pay them in full. Section 1748. It 
is essential that he should know the exact amount of outstanding orders, 
and for this reason the secretary is required to report to him all orders 
drawn on the district treasury. Section 1741, note {&), and form 16. 

Sec 1751. (a) The blanks for the annual report of the treasurer are 
furnished by the state, through county superintendents. The reports should 
be made according to form 20. 

(b) Treasurers should take pains to mail a copy of this report at once to 
the county superintendent, as only by timely attention on the part of treas- 
urers, can the county superintendent compile and forward his annual re- 
port to the superintendent of public instruction, on the first Tuesday in 
October. Sections 1772 and 1773. 

(c) The treasurer is responsible for all moneys coming into his hands by 
virtue of his office, even if stolen or destroyed by fire. The board have no 
authority to release him, unless he accounts in full for all moneys received 
by virtue of his office. Iowa Reports, 37, 550; 39, 9. 

(d) When the incumbent of an office is re-elected, he shall qualify as 
above directed; but when the re-elected officer has had public funds or prop- 
erty in his control, under color of his office, his bond shall not be approved 
until he has produced and fully accounted for such funds and property to 
the proper person to whom he should account therefor; and the officer or 
board approving the bond shall indorse upon the bond, before its approval, 
the fact that the said officer has fully accounted for and produced all funds 
and property before that time under his control as such officer; and when it 
is ascertained that the incumbent holds over another term by reason of the 
non-election of a successor, or for the neglect or refusal of the successor to 



38 



SCHOOL LAWS OF IOWA. 



3, The amount of school house fund held over, received, paid out, 
and on hand. 

He shall immediately file a copy of said report with the county 
superintendent, and for failure to file said report he shall forfeit the 
sum of twenty-five dollars, to be recovered by suit brought by the dis- 
trict, on his official bond. 

SUBDIRECTOE. 

Section 1752. Each subdirector shall, on or before the third Mon- 
day in March following his election, appear before some officer qual- 
ified to administer oaths, and take an oath to support the constitution 
of the United States, and that of the state of Iowa, and that be will 
faithfully discharge the duties of his office, and in case of failure 
to qualify, his office shall be deemed vacant. 

Sec. 1*753. The subdirector, under such rules and restrictions as 
the board of directors may prescribe, shall negotiate and make in 
his subdistrict all necessary contracts for providing fuel for schools, 

qualify he shall qualify anew within a time to be fixed by the officer who 
approves of the bonds of such officers. Section 690, Code. 

(e) In making settlement, the board may submit a difference with the 
treasurer, to arbitration. 70 Iowa, 65. 

Sec. 1752. (a) In case a subdirector elect fails to qualify by the third 
Monday in March, the incumbent holds over another year, and should re- 
new his oath of office. As soon as it is ascertained that he holds over, he 
may be required to qualify within a time to be prescribed by the board. 
Section 6£0, Code, also note (a) to section 1730. 

(b) Any school director or director elect is authorized to administer to a 
school director elect the official oath required by law, but the secretary can- 
not administer this oath unless he is a member of the board, a magistrate, 
or a notary public. 

(c) If a person is elected as his own successor and fails to qualify by the 
third Monday in March, a vacancy exists, which is filled by appointment. 

(fZ) A director may take the oath of qualification at any time between 
the day of election and the third Monday in March. 53 Iowa, 687. 

Sec. 1753. (a) The subdirector is clothed with certain general powers 
by this section, but these are to be exercised under the direction of 
the board. The board may restrict him, for example, as to when he shall 
employ teachers, for how long a time, at what compensation, and even whom 
he shall not employ; the extent of repairs, and prices paid for same; and the 
amount and cost of fuel. Iowa Reports, 35, 361; 10,369. Note to section 
1737, and form 21. 



SCHOOL LAWS OF IOWA. 39 

employing teachers, repairing and furnishing school-houses, and for 
making all other provisions necessary for the convenience and pros- 
perity of the schools within his subdistrict, and he shall have the 
control and management of the school-house unless otherwise or- 
dered by a vote of the district township meeting. All contracts 
made in conformity with the provisions of this section shall be ap- 

(h) When a teacher or other person is about to enter into a contract with 
a subdirector, he knows that he is dealing with a public agent whose powers 
are subject to regulation and restriction by the board; he is bound to know 
what these rules and restrictions are, and should be governed accordingly. 
35 Iowa, 36 L 

(c) The district township is bound by the contract of a subdirector, when 
made according to instructions by the board. 35 Iowa, 361. 

(d) The board should fix the wages to be paid in each subdistrict at such 
a figure as will enable each subdirector to secure a teacher qualified to 
govern and instruct his school. 

(e) Each subdirector has exclusive control of the school house in his sub- 
district, unless the district township meeting has otherwise ordered. 

if) Special powers delegated to the subdirector by the law, as, for in- 
stance, the control of the school-house in his own subdistrict, section 1753, 
and the right to determine whether scholars may attend from or in an ad- 
joining subdistrict, section 1795, cannot be assumed by the board. 

(fif) It is proper to permit the use of school-houses for the purpose of pub- 
lic worship on Sunday, or for religious services, public lectures on moral or 
scientific subjects, or meetings on questions of public interest, on the even- 
ings of the week, or at any time when such use will not interfere with the 
regular process of the school. 35 Iowa, 194. 

(h) The subdirector in district townships, or the board in independent 
districts, should require from parties desiring to use the school -house, se- 
curity for its proper use, and protection from other injury than natural wear. 

(i) The use of a public school building for Sabbath-schools, religious 
meetings, debating clubs, temperance meetings, and the like, is proper. 
Especially is this so, where abundant provision is made for securing any 
damages which the tax-payer may suffer by reason of the use for the pur- 
poses named. The use of a school-house for such purposes, when so author- 
ized, is not prohibited by section 3, article 1, of the constitution. 50 Iowa, 11. 

{ J) If any person willfully write, make marks, or draw characters on the 
walls or any other part of any church, college, academy, school-house, court- 
house, or other public building; or willfully injure, or deface the same, or 
any wall or fence inclosing the same, he shall be punished by fine not ex- 
ceeding one hundred dollars, or by imprisonment in the county jail not 
inore than thirty days. Section 3986, Code. 



40 SCHOOL LAWS OF IOWA. 

proved by the president and reported to the board of directors, and 
said board, in their corporate capacity, shall be responsible for the 
performance of the same on the part of the district township. 

Sec. 1754, He shall, between the first and tenth days of Septem- 
ber of each year, prepare a list of the names of the heads of fami- 
lies in his eubdistrict, together with the number of children be- 
tween the ages of five and twenty one years, distinguishing males 
from females, and shall record the same in a book kept for that 
purpose. 

Sec. 1755. He shall, between the tenth and fifteenth days of Sep- 
tember of each year, report to the secretary of the district town- 
ship, the number of persons in his subdistrict between the ages of 
five and twenty-one years, distinguishing males from females. 

Sec. 1756. He shall have power, with the concurrence of the 
president of the board of directors, to dismiss any pupil from the 
schools in his subdistrict for gross immorality, or for persistent vio- 
lation of the regulations of the schools, and to re-admit them, if 
he deems proper so to do; and shall visit the schools in his sub- 
district at least twice during each term of said school. 

(k) The president may be compelled by mandamus to give his approval 
of a contract made in accordaQce with a vote of the board 56 Iowa, 573. 

(I) The board may pass a resolution that teachers shall receive their pay 
monthly, upon the certificate of the subdirector, or of a committee of the 
board, that the required time has been taught. 

Sec. 1755. (a) The failure of subdirectors to make their reports, as re- 
quired by this section, will reduce the semi-annual apportionments for the 
year, since they are made upon the enumeration of persons of school age. 

(b) Children at a state institution, or a private school, should not be 
enumerated, unless they actually reside in the district. 

Sec. 1756. (a) The law does not provide that the board are compelled to 
give scholar or parents notice or chance for defense, before ordering sus- 
pension or expulsion of the scholar. The board have large discretionary 
powers. This is one of the matters which come wholly within their discre- 
tion. Notes to section 1735, and School Law Decisions, 130. 

{h) A careful investigation of the charges against the scholar should be 
made before he is dismissed. 

(c) The action of the subdirector and president in dismissing a scholar 
remains in force for the term only. 

(d) The teacher has control over scholars during school hours, within 
reasonable limits, unless restricted by a rule of the board. He may require 
a scholar to remain in his seat during recess, as a punishment. However, it 
is not wise to deprive children, to any great extent, of the exercise necessary 
to their physical well-being. 



SCHOOL LAWS OF IOWA. ^-^ 

TBACHEES. 

Section 175Y. (As amended by Chap. 60, Laws of 1888.) AH 
contracts with teachers shall be in writing, specifying the length of 
time the school is to be taught, in weeks, the compensation per 
week, or per month of four weeks, and such other matters as may 
be agreed upon; and shall be signed by the eubdirector or secretary 
and teacher, and be approved by and filed with the president be- 

Sec. 1757. (a) All contracts made by the subdirector, under section 1753, 
must be approved by the president and reported to the board. 

(6) The teacher's certificate should be shown before signing contract. 

(c) All matters agreed upon should be incorporated into the written con- 
tract. The tendency of our courts is to presume that the written contract 
embraces the entire agrement of the parties. 62 Iowa, 130. 

(d) Without special mention in the teacher's contract, it is understood 
that only the common branches are expected to be taught. 

(e) The board, for what seem to them good reasons, may order a short 
vacation. But they cannot shorten the term included in the contract, with- 
out the consent of both parties. 

(/ ) It is lawful for a board to give teachers holidays and not deduct pay 
pay, and quite usual. The -teacher, however, may not claim it as a right. 

(g) It is the duty of the subdirector to file the teacher's contract at once 
with the president of the board, and secure his approval. A copy must also 
be filed with the secretary. Section 1757. 

(h) If a subdirector is employed to teach the school in his own subdistrict 
he should contract with the board, or with a committee appointed for that 
purpose by the board. 

(^■) The approval of the teacher's contract by the president is a manda- 
tory act, which he cannot refuse to perform, unless the contract is drawn at 
variance with instructions from the board, or otherwise violates law. 

(j) The board may authorize the president and secretary to draw orders 
to pay teachers' salaries at the end of each school month, upon proper evi- 
dence that the service has been performed. I«Jote (I) to section 1753. 

(k) If a teacher is at the school- house at the proper time, and remains 
during school hours, he is entitled to pay therefor, according to his contract, 
whether scholars are present or not. 

(I) If the school-house is destroyed, or the school is closed indefinitely by 
causes beyond the control of either party to the contract, the teacher being 
ready to comply with his part, can collect pay according to contract. If 
said teacher uses proper diligence to secure employment at something which 
he can do, and secures such employment, the district will pay him the dif- 
ference between the amount received in his new work and the amount of 



^2 SCHOOL LAWS OF IOWA 

fore the teacher enters upon the discharge of his duties, and a copy 
of all such contracts shall also be filed with the secretary of the 
board by the subdirector, before the teacher enters upon the dis- 
charge of his duties. 

Sec. 1758. No person shall be employed to teach a common school 
which is to receive its distributive share of the school fund unless 
he shall have a certificate of qualification signed by the county 
superintendent of the county in which the school is situated, or by 
some other officer duly authorized by law; and any teacher who 
commences teaching without such certificate shall forfeit all claim to 
compensation for the time during which he teaches without such 
certificate. 

Sec. lYSQ. The teacher shall keep a correct daily register of the 
school, which shall exhibit the number or other designation thereof, 
township and county in which the school is kept; the day of the 

his wages under contract. In other words, his actual loss should be made 
good. Opinion of Attorney- General. 

(m) Section 2976, Code, provides that a municipal or political corporation 
shall not be garnished. However, the corporation may waive exemption 
from this process. 25 Iowa, 315. 

Sec. 1758. (a) The only legal certificates, besides those given by county 
superintendents, are the perpetual state certificates, issued by the educa- 
tional board of examiners, prior to September, 1873, when said board was 
abolished, and state certificates and diplomas given, as provided by chapter 
167, laws of 1882. 

(6) The teacher must have a certificate during the whole term of school. 
He is not authorized to teach a single day beyond the period named in his 
certificate. 

(c) In case of the temporary absence of a teacher, from sickness or other 
cause, the place should be supplied with some person duly authorized to 
teach, selected by the subdirector. The supply should be paid by the 
teacher whose place is filled. 

(d) In case a person is employed or continued as a teacher in violation of 
law without a certificate, a resident of the district may sue out a writ of 
injunction restraining the person from teaching and the district from pay- 
ing. Such a writ cannot be served at the instance of the county superin- 
tendent. 17 Iowa, 228. Boards employing and paying such teachers are 
liable to prosecution under the provisions of the general statutes for misap- 
plication of funds. Sections 3965, 3966 and 3967, Code. 

Sec. 1759. (a) The teacher may be held responsible for the efficient dis- 
charge of every duty properly attaching to his office, including the exercise 
of due diligence in the oversight and preservation of school buildings, 



SCHOOL LAWS OF IOWA. 43 

week, the month and year; the name, age, and attendance of each 
pupil, and the branches taught. When scholars reside in different 
districts a register shall be kept for each district. 

Sec. 1*760. The teacher shall, immediately after the close of his 
school, file in the office of the secretary of the board of directors, a 
certified copy of the register aforesaid. 

GENERAL PB0VI8I0NS. 

Section 1761. A school month shall consist of four weeks of five 
school days each. 

Sec. 1762. During the time of holding a teachers' institute in 
any county, any school that may be in session in such county shall 
be closed; and all teachers, and persons desiring a teacher's certif- 
icate, shall attend such institute, or present to the county superin- 
tendent satisfactory reasons for not so attending, before receiving 
such certificate. 

grounds, furniture, apparatus, and other school property, as well as the more 
prominent work of instruction and government. 

(&) Making fires and sweeping the school-room are not, properly, a part 
of the teacher's duties. In rural districts teachers frequently perform this 
labor as a matter of convenience and economy. Those unwilling to perform 
this work, or who expect to receive pay for it, should so stipulate with the 
subdirector when entering into the contract to teach. Note (c) to section 
1757. S. li. Decisions, 106. 

(c) Parties doing damage to school property are responsible for the same. 
The teacher is bound to exercise reasonable care to protect and preserve 
school property, and failing to do so may be held liable for damages. 

Sec. 1760. The secretary of the district should refuse to give an order for 
the last month of the teacher's wages until the register is filed in his office 
as required by this section. Without this register he cannot make the re- 
port required by section 1745. Form 24. 

Se ;. 1761. (a) There are no holidays during which teachers are exempt 
from teaching, unless excused by the board. A legal contract requires 
twenty days of actual service for a month. 

(6) There is no provision of law giving teachers time to visit other 
schools. Boards may, however, grant holidavs for that purpose. 

(c) Custom fixes the maximum length of the school day at six hours. 
The board may shorten this time somewhat, if thought best. 

Sec. 1762. It may be questioned whether the provisions of this section 
apply to the present normal institutes, held under section 1769. 



^^ SCHOOL LA.WS OF IOWA. 

Sec. 1763. The electors of any school district at any legally 
called school meeting, may, by a vote of a majority of the electors 
present, direct the German or other language to be taught as a branch 
in one or more of the schools of said district, to the scholars attend- 
ing the same whose parents or guardians may so desire; and there- 
upon such board of directors shall provide that the same be done; 
provided that all other branches taught in said school or schools 
shall be taught in the English language; provided further that the 
person employed in teaching the said branches shall satisfy the 
county superintendent of his ability and qualifications, and receive 
from him a certificate to that effect. 

Sec. 1764, The Bible shall not be excluded from any school or in- 
stitution in this state, nor shall any pupil be required to read it con- 
trary to the wishes of his parent or guardian. 

Sec. 1763. A teacher who instructs in any of the languages referred to in 
addition to other work as teacher, must have the certificate required by this 
section, additional to the one demanded by the first part of section 1766; 
but a teacher who teaclies only one or more of the languages referred to 
above, or any other special branch may be required to have a certificate for 
such branch, as provided by the last part of section 1766, and need not have 
the other certificate, unless desired. 

Sec. 1764. (a) Our common schools are maintained at public expense, 
and the law contemplates that they shall be equally free to persons of every 
faith. A very suitable devotional exercise consists in reading a portion of 
Scripture without comment, and the repetition of the Lord's Prayer. 

(&) While moral instruction should be given in every school, neither this 
section nor the spirit of our constitution and laws, will permit a teacher or 
board to enforce a regulation in regard to religious exercises, which will 
wound the conscience of any, and no scholar can ba required to conform to 
any particular mode of worship. 64 Iowa, 367. 

(c) The diversion of the school fund in any form or to any extent for the 
support of sectarian or private schools is inadmissible and clearly in viola- 
tion of our laws. 

(d) Public money shall not be appropriated, given, or loaned by the cor- 
porate authorities, supervisors, or trustees of any county, township, city or 
town, or municipal organization of this state, to, or in favor of, any insti- 
tution, school, association, or object, which is under ecclesiastical or secta- 
rian management or control. Section -552, Code. 



SCHOOL LAWS OF IOWA, 45 

COUNTY 8UPEBINTENDBNT. 

Section 1765. The county superintendent shall not hold any office 
in, or be a member of the board of directors of a district township 
or independent district, or of the board of supervisors during the 
time of his incumbency. 

Ssc. 1766. (As amended by Chap. 143, Laws of 1878.) On the 
last Saturday of each month, the county superintendent shall meet 
all persons desirous of passing an examination, and for the transac- 
tion of other business within his jurisdiction, in some suitable room 
provided for that purpose by the board of supervisors at the county seat, 
at which time he shall examine all such applicants for examination as 
to their competency and ability to teach orthography, reading, writing, 
arithmetic, geography, English grammar, physiology and history of 
the United States; and in making such examination, he may, at his 
option, call to his aid one or more assistants. Teachers exclusively 
teaching music, drawing, penmanship, book-keeping, German or 
other language, shall not be required to be examined except in refer- 
ence to such special branch, and in such cases it shall not be lawful 
to employ them to teach any branch except such as they shall be ex- 
amined upon and which shall be stated in the certificate. 

Sec. 1766. (a) This is a most important and difficult labor. Written 
examinations afEord a good test of scholarship, and furnish the basis of a 
permanent record. The examination should be thorough, to determine the 
attainments of the applicant in the branches he is expected to teach. 

(b) Applications made at other times should be rejected, unless good rea- 
sons are given for not attending the regular examinations. The interests 
of the schools do not require frequent or individual examinations, and the 
time of the superintendent can be more profitably employed in the perform- 
ance of other duties. 49 Iowa, 245. 

(c) We think the ability to teach the different branches may be best de- 
termined by actual observation of the teacher's work in his school. A 
searching and skillfully conducted oral examination in methods will test 
the applicant's ability to instruct. 

(d) If it is desired that branches additional to those included in every 
teacher's certificate shall be taught, such fact should be mentioned as a part 
of the contract, and the teacher is required to have the certificate for such 
additional branch or branches, before beginning to teach. Section 1763. 

(e) It is the intention of the law that the study of physiology and hy- 
giene with special reference to the effects of alcoholic drinks, stimulants 
and narcotics, shall have equal rank and be considered of the same impor- 
ance as other branches of study. 



46 



SCHOOL LAWS OF IOWA. 



Sec. 1767. If the examination is satisfactory, and the superintend- 
ent is satisfied that the respective applicants possess a good moral 
character, and the essential qualifications for governing and instruct- 
ing children and youth, he shall give them a certificate to that effect, 
for a term not exceeding one year. 

Sec. 1768. Any school officer or other person shall be permitted 
to be present at the examination; and the superintendent shall make 
a record of tha name, residence, age, and date of examination of all 
persons so examined, distinguishing between those to whom he issued 
certificates and those rejected. 

Sec. 1767. (a) County superintendents should remember that they are 
to inquire, not only into the literary qualifications of the applicant, but 
they must also certify that they are satisfied that the applicant possesses a 
good moral character, and the essential qualitications for governing and in- 
structing children and youth. Form 25. 

(b) Scholarship, good moral character, ability to govern, aptness to 
teach,— our law requires all these qualifications in those to whom are in- 
trusted the highest interests of the state, the education of its youth. 

(c) Applicants may be required to present such evidences of good moral 
character as the county superintendent shall demand. The superintendent 
should be fully satisfied in every particular mentioned in the law, before 
issuing the certificate. 

(d) The county superintendent is sole j udge of the manner and extent of 
the examination. 52 Iowa, 111. 

(e) After ascertaining the general attainments of teachers, inspection of 
their school work should determine largely the grade of certificate. 

( /■) The law fixes only the maximum time for which a certificate may be 
given. The minimum is left to the discretion of the county superintendent, 
but it is desirable in the case of advanced teachers, to make the time as 
near one year as possible. 

(g) For many years, county superintendents have been limited as to the 
minimum age of those receiving certificates. The restriction has given 
almost universal satisfaction. It is believed that In general, boys under 
nineteen, and girls under seventeen years of age, may not be expected to 
possess that maturity of mind and strength of character needed to manage 
a school successfully, and to determine wisely the many important ques- 
tions daily demanding an answer from the teacher. 

Sec. 1768. (a) The record required by this section, should be carefully 
made, as the items form a part of the county superintendent's annual re- 
port to the superintendent of public instruction. 

(b) The renewal or indorsement of certificates is not provided for by law. 

(c) By the next section, the county superintendent is made responsible to 
the institute fund for one dollar from every applicant. 



SCHORL LAWS OF IOWA. 4^ 

Sec. 1769. (As amended by Chap. 57, Laws of 1874, and Chap. 54, 
Laws of 1878.) The county superintendent shall hold, annually, a 
normal institute for the instruction of teachers and those who may 
desire to teach, and with the concurrence of the superintendent of 
public instruction, procure such assistance as may be necessary to 
conduct the same, at such time as the schools in the county are gen- 
erally closed. To defray the expenses of said institute, he shall re- 
quire the payment of a registration fee of one dollar from each per- 
son attending the normal institute, and shall also require the payment, 
in all cases, of one dollar from every applicant for a certificate. He 
shall, monthly, and at the close of each institute, transmit to the 
county treasurer, all moneys so received, including the state appro- 
priation for institutes, to be designated the institute fund ; together 
with a report of the name of each person so contributing, and the 

Sec. 1769. (a) The normal institute must be held at a time when the 
public schools are generally closed. 

(&) County superintendents will determine the time and place, and sug- 
gest names of conductor and instructors for approval, making application 
to the superintendent of public instruction according to form 28, at least 
thirty days before the institute is to commence. This application and the 
appointment are necessary to secure the state appropriation. 

(c) Ihe length of time during which the normal institute shall remain in 
session is left to the discretion of the county superintendent. This will de- 
pend largely upon the amount of the institute fund. It cannot remain in 
session less than one week of six days. Section 1584. 

(d) Young and inexperienced teachers will not expect to receive certifi- 
cates, unless of the lowest grade, without regularly attending the normal 
institute. By means of the large fund and the length of time this institute 
may remain in session, it can, if the proper means are employed, be ren- 
dered invaluable to teachers. The benefits which they will receive should 
secure their voluntary and general attendance. 

(e) A conductor of successful experience in institute work, able to give 
plain, practical instruction in methods of school organization, government 
and teaching, should be secured early. The other instructors should be 
superior teachers of recent experience, and, where practicable, one or more 
lady teachers should be employed. 

(/) Poor conductors and instructors have sometimes been engaged, and 
the teachers of some counties have reason to complain. County superin- 
tendents should have sufficient evidence of the abilities of their instructors, 
before employing them. In all cases where strangers are employed, refer- 
ences should be required, and inquiries made at the state department will 
frequently secure the proper knowledge. 



48 



SCHOOL LAWS OF IOWA. 



amount. The board of supervisors may appropriate such additional 
sum as may by them be deemed necessary for the further support of 
such institute. All disbursements of the institute fund shall be 
upon the order of the county superintendent; and no order shall be 
drawn except for bills presented to the county superintecdent, and 
approved by him, for services rendered or expenses incurred in con- 
nection with the normal institute. 

Sbc. 17Y0. If, for any cause, the county superintendent is unable 
to attend to his official duties he shall appoint a deputy to perform 
them in his stead, except visiting schools and trying appeals. 

Skc. 1771. The superintendent may revoke the certificate of any 
teacher in the county which was given by the superintendent thereof, 
for any reason which would have justified the withholding thereof 
when the same was given, after an investigation of the facts in the 
case, of which investigation the teacher shall have personal notice, 
and he shall be permitted to be present and make his defense. 

{g) The superintendent should be director, assuming the general over- 
sight and direction of the institute, but should not act as conductor. He is 
entitled to his per diem for any service in connection with the institute, as 
for other oflacial duties, but receives no part of the institute fund. 



(h) These normal institutes are short training schools, their object is to 
reach and correct the greatest defects found in the schools. The superin- 
tendent in visiting schools should seek to discover the most prominent de- 
fects and wants in the methods of instruction. The normal institute will 
afford effective means of reaching and correcting these faults. The great 
object is to instruct teachers how to teach children. 

(i) The reports and payments to the county treasurer, required by this 
section, should be made on the first day of each month. Forms 26, 27, 29 
and 30. 

(i) It is the duty of the board of supervisors, at the close of his term of 
office, to settle with the county superintendent, as with other county officers, 
according to the provisions of the law. 

Sec. 177L (a) Though an appeal will lie in such cases, the discretion of 
a county superintendent in refusing or revoking a teacher's certificate will 
not be interfered with by the superintendent of public instruction, unless 
it is clearly shown that in such act the county superintendent violated law 
or abused his discretion. S. L. Decisions, 29. 

(6) -The notice should contain an explicit statement of the charges 
against which the teacher is expected to make his defense. Form 32. 



SCHOOL LAWS OF lOWA.^ ^g 

Sec. 1Y72. On the first Tuesday of October of each year he shall 
make a report to the superintendent of public instruction, containing 
a full abstract of the reports made to him by the respective district 
secretaries, and such other matters as he shall be directed to report 
by said superintendent, and as he himself may deem essential in ex- 
hibiting the true condition of the schools under his charge; and he 
shall, at the same time, file with the county auditor a statement of 
the number of persons between the ages of five and twenty-one years 
in each school district in his county. 

Sbc. Ills. Should he fail to make either of the reports required 
in the last section he shall forfeit to the school fund of his county 
the sum of fifty dollars, and shall, besides, be liable for all damages 
caused by such neglect. 

Sec. 17*74. (As amended by Chap. 161, Laws of 1882.) He shall 
at all times conform to the instructions of the superintendent of pub- 
lic instruction, as to matters within the jurisdiction of the said 

Sec. 1772. (a) The blanks for the annual report of the county superia-. 
tendent are furnished by the superintendent of public instruction, 

(b) The superintendent may test the accuracy of the treasurers' reports 
by consulting the books of the county treasurer. The amount of the sev-- 
eral funds reported as received from the district tax, also the amount re- 
ceived from the semi-annual apportionment, must agree with the county 
treasurer's receipts for the same. 

(c) All errors should be corrected. The amounts reported on hand in the 
last report from the district treasurer should always be reported as the 
amounts on hand at last report the following year. 

(d) The abstract of the enumeration of children in each district should 
be made with special care, and should be complete and accurate, otherwise 
the county will not obtain its just proportion of the income of the perma- 
nent school fund. 

(e) Should the district secretaries or treasurers fail to make their reports 
in time, the superintendent should take prompt measures to secure them, 
going after them if necessary. 

(/) When district townships are divided, or independent districts organ- 
ized, the superintendent should immediately file with the county auditor a 
statement, based upon the last report of the secretaries, showing the num- 
ber of persons of school age in each of the districts, the boundaries of 
which have been thus changed. 

Sec. 1774, (a) The county, attorney is the legal adviser of the different 
county officers. Section 3, chapter 73, laws of 1886. He should be freely 
consulted on questions of law upon which the superintendent is in doubt. 



50 



SCHOOL LAWS OF IOWA. 



superintendent. He shall serve as the organ of communication be- 
tween the superintendent and township or district authorities. He 
shall transmit to the townships, districts, or teachers, all blanks, 
circulars, and other communications which are to them directed. He 
may, at his discretion, visit the different schools in his county, and 
shall, at the request of a majority of the directors of a district, 
visit the school in said district at least once during each term. 

Skc. 17*75. He shall report on the first Tuesday of October of 
each year to the superintendent of the Iowa college for the blind, the 
name, age, residence, and post office address of every person blind to 
such an extent as to be unable to acquire an education in the com- 
mon schools and who resides in the county in which he is superin- 
tendent, and also to the superintendent of the Iowa institution for 
the deaf and dumb, the name, age, and post-office address of every 
deaf and dumb person between the ages of five and twenty one who 
resides within his county, including all such persons as may be deaf 
to such an extent as to be unable to acquire an education in the com- 
mon schools. 

(b) The superintendent in his visits should seek to aid, instruct, and in- 
spire teachers to the employment of the best methods of teaching, govern- 
ing, and conducting their schools, should try to secure the proper classifica- 
tion of scholars, the arrangement of courses of study, and the care and pro- 
tection of school property. He should study to awaken among parents and 
children a deeper interest in the public schools, so as to secure improved at- 
tendance, deportment and scholarship, and more frequent visits of parents 
and school officers. A judicious visit from the superintendent may often 
serve to infuse new life into the school 

(c) The county superintendent should carefully observe the condition of 
the school-house and surroundings, note all defects, and notify the subdi- 
rector or board of the same. 

Sec. 1775. (a) The blanks for these reports are furnished by the super- 
intendents of the respective institutions. 

Ik (b) It shall be the duty of the county superintendent to report to the su- 
perintendent of the institution for feeble-minded children, on the first day 
of October of each year, the name, age, and post-office address of every per- 
son in his county between the ages of five and twenty-one, who, by reason 
of feeble mental and physical condition is deprived of a reasonable degree 
of benefit from the common schools. He shall also state in said report 
whether or not such person has ever attended school, and how long, if at 
all; and he shall also give the post-office address of the parent, guardian, or 
nearest friend of such person. Section 6, chapter 40, laws of 1882. 



SCHOOL LAWS OF IOWA. 



51 



Sbc. lYYe. (As amended by Chap. 161, Laws of 1882.) The county 
superintendent shall receive from the county treasurer the sum of 
four dollars per day for every day necessarily engaged in the per- 
formance of oflScial duties, and also the necessary stationery and 
postage for the use of his oflSce, and he shall be entitled to such ad- 
ditional compensation as the board of supervisors may allow; pro- 
Tided, that he shall first file a sworn statement of the time he has 
been employed in his official duties, with the county auditor. 

TAXES. 

Section 1111. The board of directors shall, at their regular meet- 
ing in March of each year, or at a special meeting convened for that 
purpose, between the time designated for such regular meeting and 
the third Monday in May, estimate the amount required for the con- 
tingent fund, and also such sum as may be required for the teachers' 
fund, in addition to the amount received from the semi-annual appor- 
tionment, as shown by the notice from the county auditor, to support 
the schools of the district for the time required by law for the cur- 
rent year; and shall cause the secretary to certify the same, together 
with the amount voted for school-house purposes, within five days 
thereafter to the board of supervisors, who shall at the time of levv- 
ing taxes for county purposes, subject to the provisions of section 

Sec. 1776. (a) The board of supervisors shall furnish the county super- 
intendent with an office at the county seat, together with fuel, lights, blanks, 
books, and stationery necessary and proper to enable him promptly and 
properly to discharge the duties of his office; but in no case shall such offi- 
cer be permitted to occupy an office also occupied by a practicing attorney. 
Section 3844, Code. 

(b) The board of supervisors may not limit the county superintendent as 
to the number of days he shall give to his work, in order to comply with his 
oath of office. Having filed his sworn statement in the form prescribed by 
the board, he is entitled to his per diem for time actually employed. Their 
remedy, if they suspect he has filed a false statement, is to proceed against 
him for maladministration in office, as provided for in section 746, Code. 

Sec. 1777. (a) This section requires boards to certify the specific sums 
necessary to be raised for teachers' and contingent fund to the board of su- 
pervisors, whose duty it is to estimate and levy the per centum necessary 
to raise the amounts so certified. Forms 33 and 34. 

(b) Our supreme court have held in Standard Coal Co. v. Ind. Bist. of 
Aligns, that a tax voted after the third Monday in May is void. The decis- 
ion will be found in 73 Iowa, not printed at this date, June 1, 1888. This 



52 



SCHOOL LAWS OF IOWA. 



seventeen hundred and eighty of this chapter, levy the per centum 
necessary to raise the sum thus certified upon the property of the dis- 
trict township, which shall be collected and paid over as are other 
district taxes. 

Sec. 1778. They shall apportion any tax voted by the district 
township meeting for school-house fund, among the several subdis- 
tricts in such a manner as justice and equity may require, taking as 
the basis of such apportionment the respective amounts previously 
levied upon said subdistricts for the use of such fund; provided, that 
if the electors of one or more subdistricts at their last annual meet* 
ing shall have voted to raise a sum for school-house purposes greater 
than that granted by the electors at the last annual meeting of the 
district township, they shall estimate the amount of such excess on 



renders it essential that boards act promptly, and certify taxes within the 
required time. 

(c) School-house funds must be voted by the electors. Only exception^ 
section 1823. 

(d) It is wholly within the discretion of the board of directors to de- 
termine the amounts required for the contingent and teachers' funds. 41 
Iowa, 163. Any vote of the electors touching these amounts is only sug- 
gestive, and is not at all binding. 

(e) Section 1780 limits the amount which may be levied in a district town- 
ship for any one year, to fifteen dollars per scholar for teachers' fund and 
five dollars per scholar for contingent fund, but authorizes the levy of 
seventy five dollars for contingent, and two hundred and seventy dollars for 
teachers' fund for each subdistrict, even if the levy thereby exceeds five and 
fifteen dollars per scholar, for these funds. 

( f) If the amount of school-house tax voted and certified by the board of 
directors in any year exceeds the limit which the board of supervisors ar& 
allowed to levy, under the provisions of section 1780, it is the duty of the 
board of directors to certify the amount of the deficiency from year to year 
until the whole amount is levied. 

(g) The teachers' and contingent funds are not to be apportioned among 
the subdistricts, but levied uniformly on the taxable property of the dis- 
trict township. 

[h) Chapter 67, laws of 1874, authorizes districts formed from territory 
lying in adjoining counties, to vote and certify to the respective boards of 
supervisors the number of mills on the dollar required to raise the necessary 
school taxes. 

Sec. 1778. (a) All school-house taxes must be voted either by the dis- 
trict or by the subdistrict electors. Sections 1717 and 1807. When voted 
they must in all cases be certified to the board of supervisors. S L. Decisions,^ 



SCHOOL LAWS OF IOWA. 



53 



such subdietrict or subdistricts, and cause the secretary to certify the 
same within five days thereafter to the board of supervisors, who 
shall, at the time of levying taxes for county purposes, levy the per 
centum of such excess on the taxable property of the subdistrict ask- 
ing the same, provided that not more than fifteen mills on the dollar 
shall be levied on the taxable property of any subdistrict for any one 
year lor school-house purposes. 

BOARD OF SUPEEVISOES. 

Section 1119. The board of supervisors of each county shall, at 
the time of levying the taxes for county purposes, levy a tai for the 
support of schools within the county, of not less than one mill, nor 
more than three mills on the dollar, on the assessed value of all the 
real and personal property within the county, which shall be collected 
by the county treasurer at the time and in the same manner as state 
and county taxes are collected, except that it shall be receivable only 
in cash. 

129. All taxes voted by the district township meeting must be apportioned 
among the subdistricts of the township. The basis of this apportionment 
Is the aggregate number of mills previously levied upon the subdistricts of 
the township for school-house purposes. The apportionment should be 
made so as gradually to equalize these rates, in order that the school-house 
tax may, ultimately, be uniform throughout the district. 

{&) The township electors may vote a tax for the erection of a school- 
house in any subdistrict, without previous action of the subdistrict electors. 
If the subdistrict electors vote to raise a sum for school-house purposes, it 
is the duty of the subdirector to certify the same to the district township 
meeting. If this duty is neglected, the board of directors are not authorized 
to certify the tax voted. Form 35. 

(c) Whatever portion of the sum properly certified the district meeting 
neglects or refuses to grant must be certified and levied directly upon the 
subdistrict making the request, in addition to the equitable portion of the 
whole amount voted by the district township meeting. If the meeting re- 
fuses to vote any amount, the whole must be certified and levied upon the 
subdistrict. 69 Iowa, 533. 

{d) The tendency of the action of the subdistrict electors in voting 
school-house taxes is to produce unequal rates of taxation for school-house 
purposes, and otherwise greatly to complicate the raising of school-house 
funds; hence, unless the necessities of the case absolutely require, such 
action should not be encouraged. All necessary school-house taxes should, 
as a rule, be voted by the district township meeting. Note (c) to form 3. 



g4 SCHOOL LAWS OF IOWA. 

Sec, 1780. They shall also levy at the same time the district 
school tax certified to them from time to time by the respective dis- 
trict secretaries; provided that the amount levied for school-house 
fund shall not exceed ten mills on the dollar, on the property of any 
district, and the amount levied for contingent fund shall not exceed 
five dollars per pupil, and the amount raised for teachers' fund, in- 
cludicg the amount received from the semi-annual apportionment^' 
shall not exceed fifteen dollars per pupil for each pupil residing in the 
district, as shown by the last report of the county superintendent. 
And if the amount certified to the board of supervisors exceeds this 
limit, they shall levy only to the amount limited ; provided that they 
may levy seventy-five dollars for contingent fund, and two hundred 
and seventy dollars, including the amount received from the semi- 
annual apportionment, for the teachers' fund for each subdistrict. 

COtTNTT AUDITOK. 

Section 1781. The county auditor shall, on the first Monday ia 
April and the fourth Monday in September of each year, apportion 
the county school tax, together with the interest of the permanent 
school fund to which his county is entitled, and all other money in 
the hands of the county treasurer belonging in common to the 
schools of his county, and not included in any previous apportion- 
ment among the several subdistricts therein, in proportion to the 
number of persons between five and twenty one years of age, as 
shown by the report of the county superintendent, filed with him for 
the year immediately preceding. 

Sec 1780. (a) The first proviso does not apply where a larger tax is re- 
quired to meet the interest on valid outstanding bonds. 69 Iowa, 612. 

(&) The second proviso in this section was added for the relief of sparsely 
settled townships, in which five dollars per scholar for contingent fund and 
fifteen dollars per scholar for teachers' fund, is not adequate to maintain 
schools for the time required by law. In such districts these limits may be 
exceeded, providing that not more than $75 contingent fund, and $270, in- 
cluding the semi-annual apportionment, for teachers' fund, is levied for 
each subdistrict in the township. 

Sec. 1781. (a) For the basis of the apportionment to ne\v districts, see 
note (/) to section 1772. 

(6) The word subdistricts in the seventh line of this section, evidently 
means the present district. 



SCHOOL LAWS OF IOWA. 55 

Sec. 1782. He shall immediately notify the president of each 
school district of the sum to which his district is entitled by said 
apportionment, and shall issue his warrant for the same to accom- 
pany said notice, which warrant shall be also signed by the president 
and countersigned by the secretary of the district in whose favor the 
same is drawn; and shall authorize the district treasurer to draw the 
amount due said district from the county treasurer; and the secretary 
shall charge the treasurer of the district with all warrants drawn in 
his favor, and credit him with all warrants drawn on the funds in his 
hands, keeping separate accounts with each fund, 

Sbc 1*783. He shall forward to the superintendent of public in- 
struction, a certificate of the election or appointment and qualifica- 
tion of the county superintendent; and shall, also, on the second 
Monday in February and August of each year, make out and trans- 
mit to the auditor of state, in accordance with such form as said 
auditor may prescribe, a report of the interest of the school fund 
then in the hands of the county treasurer, and not included in any 
previous apportionment, and also the amount of said interest remain- 
ing unpaid. 

COUNTY TRBASUEEB. 

Section 1784. The county treasurer shall, on the first Monday in 
April of each year, pay over to the treasurer of the district, the amount 
of all school district tax which shall have been collected, and shall 
render him a statement of the amount uncollected, and shall pay over 
the amount in his hands quarterly, thereafter. He shall also keep 
the amount of tax levied for school-house purposes, separate in each 
subdistrict, where such levy has been made directly upon the property 
of the subdistrict making the application, and shall pay ov^r the 
same, quarterly, to the township treasurer for the benefit of such sub- 
district. He shall, in all counties wherein independent districts are 

Sec. 1783. It is important that the certiflcate referred to, should be 
promptly forwarded to the superintendent of public instruction; otherwise, 
the interests of the county may suffer by the transaction of business with 
persons not duly authorized to act. The certificate should in all cases cer- 
tify to the qualification, as well as the election or appointment of the county 
superintendent; for, although he may be properly elected or appointed, yet 
he cannot be recognized until it is known that he has taken the necessary 
oath of office, and filed the required bond. Whenever any change is made 
by resignation or otherwise, a certificate of the appointment and qualifica- 
tion of a successor should be immediately forwarded. Forms 37 and 38. 



56 



SCHOOL LAWS OF IOWA. 



organized, keep a separate account with said independent districts, 
in which the receipts shall be daily entered, which books shall at all 
times be open to the inspection and examination of the district board 
of directors, and shall pay over to the said independent districts the 
amount of school taxes in his possession on the order of the board, 
on the first day of each and every month. 

Skc. 1785. On the first day of each quarter, the county treasurer 
shall give notice to the president of the school board of each town- 
ship, in his county, of the amount collected for each fund; and the 
president of each board shall draw his warrant, countersigned by the 
secretary, upon the county treasurer, for such amount, who shall pay 
the amount of such taxes to the treasurers of the several school 
boards, only on such warrants. 

MISCELLANEOUS. 

Section 1786. (As amended by Chap. 73, Laws of 1886.) All 
fines and penalties collected from a school district officer by virtue of 
any of the provisions of this chapter, shall inure to the benefit of 
that particular district. Those collected from any member of the 
board of directors, shall belong to the district township, and those 
collected from county officers, to the county. In the two former 
cases, suit shall be brought in the name of the district township; in 
the latter, in the name of the county and by the county attorney. 
The amount in each case shall be added to the fund next to be ap- 
plied by the recipient, for the use of common schools. 

Sec. 1787. When a judgment has been obtained against a school 
district, the board of directors shall pay off and satisfy the same 
from the proper fund, by an order on the treasurer; and the district 

Sec. 1785. (a) The three funds, school-house, teachers', and contingent, 
must be kept separate by the county treasurer, as directed in this section, 
to enable school officers to comply with the law in the discharge of their 
official duties. Sections 1739, 1741, 1745, 1748, 1750, and 1782. 

(6) The division of funds made by the county treasurer should be respect- 
ed by the board, unless the electors direct school- house funds unappropri- 
ated transferred to other funds. This is the only transfer provided for 
by law. 

Sec. 1786. The sureties on an official bond cannot be held after the lapse 
of three years. Section 2529, Code. 

Sec. 1787. An order drawn under this section is not entitled to payment 
to the exclusion of other orders on the school- house fund. 40 Iowa, 620. 



SCHOOL LAWS OF IOWA. 57 

meeting, at the time for voting a tax for the payment of other liabil- 
ities of the district, shall provide for the payment of such order or 
orders. 

Sbc. 1788. In case a school district has borrowed money of the 
school fund, the board of supervisors shall levy such tax, not exceed- 
ing five mills on the dollar in any one year, on the taxable property 
of the district as constituted at the time of making such loan, as may 
be necessary to pay the annual interest on said loan, and the princi- 
pal, when the same falls due, unless the board of supervisors shall 
see proper to extend the time of said loan. 

Sbc. 1789. (As amended by Chap. 51, Laws of 1888.) No district 
township or subdistrict meeting shall organize earlier than nine 
o'clock A. M., nor adjourn before twelve o'clock m.; and in all inde- 
pendent districts having a population of three hundred and upward, 
the polls shall remain open from twelve o'clock m to seven o'clock p. m. 

Sec. 1790. Any school director, or director elect, is authorized to 
administer to any school director elect, the official oath required by 

Sec. 1789. (a) The ot ject of this section is to prevent a few designing 
persons from meeting at an unusual hour, dispatching the business with un- 
seemly haste, and adjourning before many of the electors arrive. The meet- 
ing should be conducted with entire fairness, and an opportunity given for 
an expression of the real sentiment of the district. 

(6) In district townships, subdistricts, and in independent districts con- 
taining less than three hundred inhabitants, the meeting may be organized 
at any time after 9 o'clock a. m , and before 6 o'clock p. m , and may continue 
as much more than three hours as the circumstances may require. 

(c) The law contemplates at least three hours for the election in any case. 
Iowa Keports, 37, 131; 39, 381. 

(d) Chapter 169, laws of 1888, legalizes all meetings. held in compliance 
with the former law, through failure to receive notice of the amendment. 

(e) Independent districts of 15,000 and upwards are not governed by this 
section. Chapter 8, laws of 1880. 

Sec. 1790. (a) When an election is contested, the person elected shall 
have twenty days in which to qualify, after the date of the decision. Sec- 
tion 687, Code. 

(&) The secretary, unless he is a member of the board, a notary public, or 
other civil officer qualified to administer oaths, cannot administer the oath 
to subdirectors. A subdirector, whether holding over or elected, can admin- 
ister the oath of qualification. 



58 SCHOOL LAWS OF IOWA. 

law, and said official oath may be taken, on or before the third Mon- 
day in March following the election of directors. 

Sec. 1791. When any school officer is superseded by election or 
otherwise, he shall immediately deliver to his successor in office, all 
books, papers, and moneys pertaining to his office, taking a receipt 
therefor; and every such officer who shall refuse to do so, or who 
shall willfully mutilate or destroy any such books or papers, or any 
part thereof, or shall misapply any moneys entrusted to him by virtue 
of his office, shall be liable to the provisions of the general statutes 
for the punishment of such oJBfense. 

Sec. 1792. Nothing in this chapter shall be so construed as to give 
the board of directors of a district township jurisdiction over any 
territory included within the limits of any independent district. 

ATTENDANCE. 

Section 1793. (As amended by Chap. 64, Laws of 1876, and Chap. 
41, Laws of 1878.) Children residing in one district may attend 
school in another in the same or adjoining county or township, on 
such terms as may be agreed upon by the respective boards of direct- 
ors; but in case no such agreement is made, they may attend school 
in any such adjoining district, with the consent of the county super- 
intendent of the county where said pupils reside and the board of 
directors of said adjoining district, when they reside nearer the 
school in said district, and one and a half miles or more, by the near- 
est traveled highway, from any school in their own. The board of 

(c) The decision of a tie vote, as mnde by chapter 7, laws of 1880, may 
make it impossible for the person chosen to qualify on the third Monday in 
March. In such case, the board should fix a reasonable time within which 
the person must qualify. The provisions of section 687, Code, may perhaps 
apply. See note (a) above. 

Sec 1791. The language of this section includes copies of the school 
laws, school journals, reports, and all other publications which may be re- 
ceived by virtue of being a school officer. Sections 3908, 3917, 3918, and 
3929, Code. 

Sec. 1793. (a) If scholars reside more than one and one-half miles from 
a school in their own district and nearer to a school in an adjoining district, 
which they desire to attend, application should first be made to both boards 
of directors; if the boards refuse to enter into an agreement, they may at- 
tend school in such adjoining district with the consent of the board of the 
district where they desire to attend and of the county superintendent of the 
county in which the children reside. 



SCHOOL LAWS OF IOWA. 59 

directors of the township in which such children reside, shall be noti- 
fied in writing, and the district in which they reside shall pay to the 
district in which they attend school, the average tuition of said chil- 
dren per week, and an average proportion of the contingent expenses 
of said district where they attend school; and in case of refusal so to 
do, the secretary shall file the account for said tuition and contingent 
expenses, certified to by the president of his board, with the county 
auditor of the county in which said children reside, and the said 
county auditor shall, at the time of making the next semi annual ap- 
portionment thereafter, deduct the amount so certified from the sum 
apportioned to the district in which said children reside and cause it 
to be paid over to the district in which they have attended school. 

(6) The notice referred to cannot be said to be ofllcially transmitted un- 
less signed by both the president and secretary. Payment for attendance 
can be collected from the district where the children reside, only from the 
date of such notice. Fotm 40. 

(c) This notice holds only for the term, or such time as the county super- 
intendent and board name in their written concurrent agreement. 

(d) Depositing a letter in a post-office without further proof that such 
letter reached the party addressed, is not a legal notice as required by sec- 
tion 1793 to secure payment of tuition on the part of an adjoining district. 

(e) The average proportion of tuition and contingent expenses for any 
number of scholars is found by dividing the amount expended for these pur- 
poses in the subdistrict where they have attended, by the total attendance 
in days, and multiplying the quotient by the number of days said scholars 
have attended. 

(/) When scholars attend a graded school, the average tuition should be 
computed on the basis of the expense of each pupil in the grade or room in 
which subh scholars are placed; the average expense of contingent fund 
may be computed as a part of the whole contingent expense of such school. 

{g) If scholars reside nearer to a school in their own district, or within 
one and one-half miles of one, they can attend school in an adjoining district 
at the expense of their own district, only by an agreement of both boards. 

{h) In no case may scholars attend school in a district in which they do 
not reside, without the consent of the board thereof. The distance should, 
in all cases, be computed by the nearest public road. 

(i) This section applies also to all independent districts, whether in the 
same or in adjoining civil townships. 

(J) Any other action than compliance with the absolute and explicit 
terms of the law, will render the collection of tuition impossible. S. L. De- 
cisions, 107. 



QQ SCHOOL LAWS OF IOWA. 

Sec. 1794. Pupils who are actual residents of a district shall be 
permitted to attend school in the same, regardless of the time when 
they acquired such residence, whether before or after the enumera- 
tion, or of the residence of their parents or guardians; but pupils 
who are sojourning temporarily in one district, while their actual 
residence is in another, and to whom the last preceding section is 
not applicable, may attend school upon such terms as the board of 
directors may deem just and equitable. 

Sec. 1795. Pupils may attend school in any subdistrict of the 
district township in which they reside, with the consent of the sub- 
director of such subdistrict, and of the subdirector of the subdis- 
trict in which such pupils reside. 

BOUNDARIES. 

Sec. 1796. The board of directors shall, at their regular meeting 
in September, or at any special meeting called thereafter for that 

Sec. 1794. (a) The residence of the scholar, and not of the parent, de- 
termines his right to attend school. The parent may reside in one district, 
and the child in another. If the parent sends him into another district to 
remain for a limited period, he may attend school only on such terms as are 
prescribed by the board. 8. L. Decisions, 113. 

(6) If parties aver that their residence is in the district, the board may 
not refuse to admit them free of tuition, or refusing, the board may be com- 
pelled by mandamus to permit attendance and equal advantages with others. 

(c) When there is a question of doubt whether parties are entitled by 
their residence to school privileges, since the fact of residence depends upon 
the intention of the parties themselves, their affidavits are the best guide to 
determine the matter. 

Sec. 1795. (a) In order that scholars may attend in another subdistrict 
in their own district township, it is necessary to have the consent of both 
subdirectors. Since this matter is placed in the hands of the subdirectors, 
the board have no control, and the only remedy is such a redistricting, 
under section 1796, as will better accommodate all parties. 

(b) Special powers delegated to the subdirector by the law, as, for in- 
stance, the control of the school- house in his own subdistrict, and the right 
to determine whether scholars may attend from or in a neighboring subdis- 
trict cannot be assumed by the board. Sections 1753 and 1795. 

Sec. 1796. (a) While this section provides that boards may change sub- 
district boundaries at the regular meeting in September, or at a special 
meeting called for that purpose, it must be understood that such change 
cannot be made so late as to prevent the notices for election from being 
given at least five days previous to the election, as required by section 1718. 



SCHOOL LAWS OF IOWA. 



61 



purpose, divide their township into subdistricts, such as justice, 
equity, and the interests of the people require; and may make such 
alterations of the boundaries of subdistricts heretofore formed, as 
may be deemed necessary; and shall designate such subdistricts, and 
all subsequent alterations, in a distinct and legible manner, upon a 
plat of the district provided for that purpose; and shall cause a writ- 
ten description of the same to be recorded in the district records, a 
copy of which shall be delivered by the secretary to the county treas- 
urer, and also to the county auditor, who shall record the same in his 
bfl&ce; provided that the boundaries of subdistricts shall conform to 
the lines of congressional divisions of land; and that the formation 
and alteration of subdistricts as contemplated in this section shall 
not take effect until the next subdistrict election thereafter, at which 
election a subdirector shall be elected for the new subdistrict. 

Sec. 1797. In cases where, by reason of streams or other natural 
obstacles, any portion of the inhabitants of any school district can- 
not, in the opinion of the county superintendent, with reasonable 
facility, enjoy the advantages of any school in their township, the 
said county superintendent, with the consent of the board of di- 
rectors of such district as may be affected thereby, may attach such 
part of said township to an adjoining township, and the order there- 
for shall be transmitted to the secretary of each district, and be by 

(6) It requires a vote of. a majority of all the members of the board to 
make any change in the boundaries of subdistricts. Section 1738. 

(c) It is especially important that the county auditor and treasurer be 
officially notified by the district secretary, whenever any changes are made 
in district boundaries, by the formation of independent districts or other- 
wise, to enable these officers to perform their duties in the levy of taxes, and 
the apportionment and disbursement of school funds. 

(d) By congressional divisions of land is meant those divisions author- 
ized by congress in government surveys, of which the smallest is, in general, 
one-sixteenth of a section, or a tract of forty acres in a square form. Gov- 
ernment lines, however, sometimes meander along streams and other bodies 
of water, and divisions of land are thus formed of less than forty acres. 
School Law Decisions, 111. 

Sec. 1797. (a) This section contains the only provision of law under 
which a subdistrict can be formed from parts of two or more civil town- 
ships. The law should be strictly complied with, or the proceedings will be 
invalid. Subdistricts cannot be formed from portions of two counties. 

(b) Streams well bridged, and distance, are not natural obstacles in the 
contemplation of the law. 



Q2 SCHOOL LAWS OF IOWA. 

him recorded in his records, and the proper entry made on his plat 
of the district. 

Sec. 1798. (As amended by Chap. 160, Laws of 1882.) In all 
cases where territory has been, or may be, set into an adjoining 
county or township, or attached to any independent school district in 
any adjoining county or township, for school purposes, such territory 
may be restored by the concurrence of the respective boards of di- 
rectors; but on the written application of two thirds of the electors 
residing upon the territory wherein such township or independent dis- 
trict in which the school-house is not situated, the said boards shall 
restore the territory to the district to which it geographically belongs; 
provided however that no such restoration shall be made unless there 
are fifteen or more pupils between the ages of five and twenty-one 
years, actually residing upon said territory sought to be restored, and 
not until there has been a suitable school-house erected and com- 
pleted, within the limits of said territory, suitable for school pur- 
poses. 

Sec. 1*799. The boundary lines of a civil township shall not be 
changed by the board of supervisors of any county, so as to divide 
any school district by changing the boundary lines thereof, except 
when a majority of the voters of such district shall petition therefor; 
provided however that this shall not prevent the change of the boun- 
dary lines of any civil township, when such change is made by adopt- 
ing the lines of congressional townships. 

(c) Sucb subdistricts can be formed only by concurrent action of the 
board of the district from which the territory is taken and the county 
superintendent. As the county superintendent has original concurrent 
Jurisdiction, no appeal can be taken from the board's refusal to give consent. 

Sec. 1798. When the boundaries of districts are changed, the territory 
transferred carries with it a just proportion of all assets and liabilities of 
the district from which it is taken. 6S Iowa, 77. 

Sec. 1799. (a) District township boundaries must conform to the 
boundaries of civil townships under the provisions of section 1713. The 
boundaries of independent districts are not affected by the change of civil 
township boundaries. 

(6) The words school district in this section mean also subdistrict. Sec- 
tion 379, Code. 



SCHOOL LAWS OF IOWA. 



FORMATION OF INDBPBNDBNT DISTRICTS. 



63 



Section 1800. (As amended by Chap. 139, Laws of 1880.) Any- 
city, town or village containing not less than two hundred inhabitants 
within its limits, may be constituted a separate school district; and 
territory contiguous to such city, town or village, may be included 
with it as a part of said separate district, in the manner hereinafter 
provided. The village herein mentioned shall be understood to be a 
collection of inhabitants residing within the limits of a town plat, 
and not organized into a city or incorporated town. 

Sec. 1801. At the written request of any ten legal voters residing 
in such city or town, the board of directors of the district township 
shall establish the boundaries of the contemplated school district, in- 
cluding such contiguous territory as may best subserve -the conven- 
ience of the people for school purposes, and shall give at least ten 
days' previous notice of the time and place of meeting of the electors 

Sec. 1800. (a) The two hundred inhabitants must be contained within 
the limits of the town or village. 70 Iowa, 434. Additional territory should 
be given by the board in forming the new independent district. Usually, 
territory equivalent to about four government sections, will constitute a 
proper district. 

(6) An indepenaent district cannot be formed from a city, town or vil- 
lage situated within an independent district, because no district township 
board can establish the boundaries, as provided by sections 1801 and 1805. 

Sec. 1801. (a) The contemplated independent district must include all 
of the city, town or village, and may include as much contiguous territory 
as the board think proper. It is not limited by subdistrict lines, but may, if 
necessary, include a part or all of two or more subdistricts. When the 
boundaries extend beyond the limits of a town or city; they must conform 
to lines of congressional divisions of land. Note (a) to section 1800. 

(6) The board of the district township in which a majority of the voters 
of the contemplated independent district reside, mav establish the bounda- 
ries of said district without the concurrence of any other board, even when 
said territory is taken from two or more civil townships in the same or ad- 
joining counties. Section 1805. 

(c) The notices of the election to determine the question of a separate 
organization should state clearly the boundaries of the proposed district. 

(d) The president and secretary of the district township should act as 
chairman and secretary of this meeting, and as judges of election; in their 
absence a chairman and secretary should be chosen by the electors. 

(e) All of the electors residing within the proposed limits must be per- 
mitted to vote on the question of separate organization. 17 Iowa, 85. 



64 SCHOOL LAWS OF IOWA. 

residing in said district, by posting written notices in at least five 
conspicuous places therein; at which meeting the said electors shall 
vote by ballot, for or against, a separate organization. 

Sec. 1802. (As amended by Chap. 27, Laws of 1874, and Chap. 
143, Laws of 1880.) Should a majority of votes be cast in favor of 
such separate organization, the board of directors of the district town- 
ship, shall give similar notice of a meeting of the electors for the 
election of six directors. Two of these directors shall hold their 
office until the first annual meeting after their election, and until their 
successors are elected and qualified; two until the second, and two 
until the third annual meeting thereafter; their respective terms of 
office to be determined by lot. The six directors shall constitute a 
board of directors for the district, and they shall, at their first regular 
meeting in each year, elect a president from their own number; and 
at their meeting on the third Monday of September in each year, a 
secretary and treasurer to be chosen outside of the board; provided 
that in all independent districts having a population of less than five 
hundred, there shall be three directors elected, who ehall organize by 
electing a president from their own number, also a secretary, who 
may or may not be a member of the board, and a treasurer, who shall 

■{f) At the meeting to determine the question of separate organi zation 
the polls must remain open from 9 o'clock a. m, until 4 o'clock p. m. 34 
Iowa, 3C6, 

Sec. 1802. (a) The first board will enter upon the discharge of official 
duties as soon as qualified, and organize by electing a president, a secretary 
and a treasurer; the term of office of the president will expire on the third 
Monday in March following his election; of the secretary and treasurer on 
the third Monday in September after their election. 

(b) The secretary should immediately file with the county superintendent, 
auditor and treasurer, each, a certificate, showing the officers of the board, 
and their post-office address, and should notify them of all subsequent 
changes made in the officers of the board. Section 1786. 

(c) In all independent districts, the president is chosen by the board, 
from their own number, on the third Monday in March. He has the right 
to vote on all questions coming before the board. Note (b) to section 1739. 

(d) Ihe secretary and treasurer are elected on the third Monday in Sep- 
tember. In districts containing over five hundred inhabitants, they must 
be chosen outside of the board. In districts containing less, the secretary 
may or may not be chosen from the board, but the treasurer must be chosen 
outside the board. Chosen from the board, of course the secretary has a vote. 

(e) The secretary and the treasurer have ten days in which to qualify. Sec- 
tion 1721. 



SCHOOL LAWS OF IOWA. 



65 



not be a member of the board; and provided further that in all in- 
dependent districts already organized, the terms of office of such di- 
rectors as may have been chosen previous to the taking effect of this 
section for two or three years, shall not be interfered with by its 
passage. 

Sec. 1803. Said meeting for the first election of directors shall or- 
ganize by appointing a president and secretary, who shall act as 
judges of the election, and issue a certificate of election to the persons 
elected. 

Sbc. 1804. The organization of such independent district shall be 
completed, on or before the first day of August of the year in which 
said organization is attempted, and when such organization is thus 
completed, all taxes levied by the board of directors of the district 
township of which the independent district formed a part, in that 
year, shall be void so far as the property withi.n the limits of the in- 
dependent district is concerned; and the board of directors of such 
independent district shall levy all necessary taxes for school purposes, 
as provided by law, for that year, at a meeting called for that pur- 
pose, at any time before the third Monday of August of that year, 
which shall be certified to the board of supervisors, on or before the 
first Monday of September, and said board of supervisors shall levy 
said tax at the time, and in the manner, that school taxes are requireed 
to be levied in other districts. 

if) The last official census will, as a general rule, be sufficiently accurate 
to determine questions relating to the population; but in case of doubt, the 
actual existing facts govern; which may be ascertained by any reliable means. 

{g) In case the board fail to elect an officer on the day fixed by law, or at 
an adjourned meeting the day of which was fixed at adjournment, the in- 
cumbent holds over, and should qualify anew. Section 690, Code. 

(h) If the treasurer continues in office by reason of failure to elect a suc- 
cessor, his bond should be renewed and he should produce and account for 
the funds in his hands, and the statement of such settlement should be in- 
dorsed on his new bond, Note (d) to section 1751. 

[i) All proceedings connected with the organization of the district should 
be recorded by the secretaries in the records of the districts, so that the facts 
concerning its formation and organization may be readily obtained, in case 
the validity of the proceedings should ever be questioned. 

Sec. 1804. (a) This section is construed to mean that the organization 
contemplated must be made between January first and the first of August. 

(6) When a new independent district is organized, as provided by this 
section, the board have authority to determine and certify all necessary 
taxes, for school purposes, for that year, including school-house taxes. 
9 



gg SCHOOL LAWS OF IOWA. 

Sec. 1805. In case such district is formed of parts of two or more 
civil townships in the same or adjoining counties, the duty of giving 
the notice shall devolve upon the board of directors of the township 
in which a majority of the legal voters of the contemplated district 
reside. 

Sec. 1806. Said district may have as many schools, and be divided 
into such wards and other subdivisions for school purposes, as the 
board of directors may deem proper; and shall be governed by the 
laws enacted for the regulation of district townships, so far as the 
same may be applicable. 

INDEPENDENT DISTRICT ELECTION. 

Section 1807. (As amended by Chap. 131, Laws of 1886.) It shall 
be lawful for the electors of any independent district, at the annual 
meeting of such district, to vote a tax, not exceeding ten mills on the 
dollar, in any one year, on the taxable property of such district, as 
the meeting may deem sufficient for the purchase of grounds and the 
construction of the necessary school-houses for the use of such inde- 
pendent district, and for the payment of any debts contracted for the 
erection of such school-houses, and for procuring a library and appa- 
ratus for the use of the schools of such independent district. And 
said electors may direct the sale or other disposition to be made of any 
school-house or the site thereof, or any part of such site, and of such 
other property, real and personal, as may belong to the independent 
district, and direct the manner in which the proceeds arising there- 
from shall be applied. 

Sec. 1805. An independent district composed of territory from two coun- 
ties, belongs, for school purposes, to the county wherein a majority of the 
scholars reside. A certificate to teach should be issued by the superintend- 
ent of the county to which it thus belongs, which certifi.cate is valid for any 
school in the district. 

Sec 1807, (a) The power to vote school-house taxes belongs exclusively 
to the electors. The amount deemed necessary, and not a certain number 
of mills, should be voted. The sums necespary for the teachers' and contin- 
gent funds are determined by the board of directors. 41 Iowa, 180. 

(6) The electors frequently assume powers not granted to them by the 
law. They have only such powers as are specifically named in the law. 

(c) Independent districts of 15,000 and upwards are governed by chapter 
8, laws of 1880. 



SCHOOL LAWS OF IOWA. Qrj 

Sec. 1808. (As amended by Chap. 7, Laws of 1880.) The annual 
meeting of all independent districts shall be held on the second Mon- 
■day in March, for the transaction of the business of the district, and 
for the election by ballot of two directors, as the successors of the 
two whose term expiree, who shall continue in office for three years; 
and the president, secretary, and one of the directors then in office, 
shall act as judges of the election, and shall issue certificates of elec- 
tion to the persons elected for the ensuing term; provided, that in 
all independent districts, having a population of less than five hun- 
dred, there shall be elected, annually, one director, who shall con- 
tinue in office for three years. In oases of a tie vote in the election 
of director, or directors, the secretary shall notify them to appear at 
the regular meeting of the board on the third Monday in March, to 
determine their election by lot before one or more members of the 
board elected, and the certificate of election shall be given accord- 
ingly. Should either party fail to appear or take part in the lot, the 
secretary shall draw for him. 

CHANGES IN FORM OP DISTRICT. 

Section 1809. When an independent district has been formed out of 
a civil township, or townships, as herein contemplated, the remainder 
of such township, or of each of such townships, as the case may be, 
shall constitute a district township as provided in section seventeen 
hundred and thirteen of this chapter, and the boundaries between 

Sec. 1808. (a) All vacancies which have occurred in the board, during 
the year, should also be filled by election, and the ballot should designate the 
vacancy to be filled; the persons so elected hold for the residue of the unex- 
pired term; all persons appointed to fill vacancies in ofiice hold until the 
next regular election. Constitution of Iowa, article 11, section 6; also, sec- 
tion 785, Code. 

(b) Members elect enter upon their duties at the time of the regular meet- 
ing of the board, on the third Monday in March. For time and manner of 
choosing officers of the board, see sections 1721, 1790, 1802, 1806, and notes. 

(c) In independent districts, a director holding over and qualifying anew 
is only entitled to hold the office until it can be filled at the next election. 
54 Iowa, 487. 

Sec. 1809. (q) The change of boundaries authorized by this section may 
be made at any time of year. 

(6) If the boundary between an independent district and district town- 
ship is the line of the civil township, it cannot be changed; but if the inde- 



68 



SCHOOL LAWS OF IOWA. 



such district township and independent district may be changed, or 
the independent district abandoned, at any time, with the concurrence 
of the respective boards of directors. 

Sec. 1810. In case an independent district embraces a part or the 
whole of a civil township which has no separate district township 
organization, upon the written application of two-thirds of the elect- 
ors residing upon the territory of such independent district, and 
within such civil township, to the board of directors, they shall set 
off such territory, whether provided with school-houses or not, to be 
organized as a district township in the manner provided for such or- 
ganization when a new civil township is formed. 

Sec. 1811. (As amended by Chap. 63, Laws of 1888.) Independent 
districts located contiguous to each other, may unite and form on© 
and the same independent district, in the manner following: At the 
written request of any ten legal voters residing in each of said inde- 
pendent districts, or, should there not be ten legal voters in one of 
such districts, then at the written request of the* majority of such 
voters, their respective boards of directors shall require their secre- 
taries to give at least ten days' notice of the time and place for a 
meeting of the electors residing in such districts, by posting written 
notices in at least five public places in each of said districts, at which 

pendent district includes a portion of a civil township, the remainder of 
which constitutes a district township, the boundaries may be changed. 

(c) Chapter 62, laws of 1888, provides for change of boundaries between 
adjoining independent districts in the same civil township. 

(d) Where a change of boundaries between districts is desired, and one of 
the boards acts favorably to the change, a petition may be presented to the 
other board to concur in that action, although they formerly may have re- 
fused to grant a similar petition. From the action of the latter board upon 
this petition, an appeal may be taken. 

(e) No appeal can be taken from an action of the board taking the initia- 
tory step, while it requires the concurrence of another board to complete 
the action. The concurrence or non-concurrence of the second board is the 
order from which an appeal may be taken. S. L. Decisions, 24 and 58. 

(/) When an appeal is taken from the proper board, the county superin- 
tendent must affirm the action of one board or the other, but cannot himself 
modify the action of the board acting first. 

(g) Territory transferred from one district to another carries with it an 
equitable proportion of the assets and liabilities of the district from which 
it is taken; the district accepting it becoming responsible for such liabilities ► 



SCHOOL LAWS OF IOWA. 



69 



meetiDgs the said electors shall vote by ballot for or against a con- 
solidated organization of said independent districts; and if a majority 
of the votes cast at the election in each district, shall be in favor of 
uniting said districts, then the secretaries shall give similar notice of 
a meeting of the electors as provided for, by the law, for the organi- 
zation of independent districts. The independent district thus con- 
solidated shall be completed, and its directors governed by the same 
provisions of the law which apply to other independent districts. 
Where from the courses of Iowa rivers, and the contour of the adjoin- 
ing territory, theproper school facilities cannot be given to the school 
children of each territory by forming school districts from the terri- 
tory in any one county, independent school districts may be formed 
from the contiguous territory in adjoining counties. Any independ- 
ent school district heretofore formed under this section, where there 
were less than ten legal voters residing therein at the time of the 
consolidation, is hereby legalized and made valid provided that two- 
thirds of the legal voters then residing in such independent district 
petition for such consolidation. 

Sec. 1812. Where, under the school laws of the state heretofore 
in force, for the convenience and accommodation of the people, 
school districts were formed of portions of two counties of territory 
lying contiguous to each other, at the written request of five legal 
voters residing in portions of said territory in each county, the board 
of directors of the district township to which such territory belongs, 
having a majority of the legal voters, shall fix the boundaries of an 
independent school district composed of such sections of land, or por- 
tions thereof, as may be described in the petition therefor, and shall 
give at least ten days' notice of the submission of the question of the 
formation of said independent district, at a special election for said 
purpose, specifying the boundaries of the district, the time and place 
of meeting of the electors for such election, at which meeting the 
electors in the contemplated district shall vote by ballot for or 
against the separate organization. Should a majority of the votes «be 
cast in favor of such separate organization, the said board of 
directors shall proceed by ballot to elect officers in the manner pro- 
vided by law, and organize such independent district. 

Sec. 1812. The language of the last clause is construed to mean that the 
board shall proceed to call an election in the independent district for the 
election of directors, as provided by section 1802. 



FJQ SCHOOL LAWS OF IOWA. 

Sec. 1813. The boards of directors of the several independent 
school districts are hereby required to publish, two weeks before the 
annual school election in such district, by publication in one or more 
newspapers, if any are published in such district, or by posting up in 
writing, in not less than three conspicuous places in such independent 
district, a detailed and specific statement of the receipts and dis- 
bursements of all funds expended for school and building purposes^ 
for the year preceding such annual election. And the said boards of 
directors shall also, at the same time, publish in detail, an estimate of 
the several amounts which, in the judgment of such board, are neces- 
sary to maintain the schools in such district, for the next succeeding^ 
school year; and failure to comply with the provisions of this sec- 
tion, shall make each director liable to a penalty of ten dollars. 

Sec, 1814. Township districts may be consolidated and organized 
as independent districts, in the following manner: Whenever the 
board of directors of any existing district township shall deem the 
same advisable, and also whenever requested to do so by a petition 
signed by one-third of the voters of the district township, the board 
shall submit to the voters of said district township, at a regular elec- 
tion, or one called for the purpose, the question of consolidation, at 
which election the voters of the district township shall vote for, or 
against consolidation. If a majority of votes shall be in favor of 
such consolidated organization, such district township shall organize 
on the second Monday of March following, as an independent district;, 
provided that in townships which have been divided into independ- 
ent districts, the duties in this section devolving on the board of di- 

Sec. 1813. (a) This statement should show the total receipts and ex- 
penditures for each fund, followed by an estimate of the amount required 
for each fund, to maintain the schools for the ensuing year. The detailed 
and specific statement of the receipts and disbursements of all funds ex- 
pended, should be suflSciently itemized to show the amount received from 
each separate source, also the amount expended for each particular purpose. 

(6) This statement is for the information of the electors, but they should 
not vote upon the amount of taxes to be levied for contingent and teachers' 
fund, since these matters are determined by the board. Section 1777. 

Sec. 1814. (a) Any district township may organize into a single inde- 
pendent district, embracing the whole township. The vote may be ordered 
at any regular or special meeting of the board, and submitted to the electors 
at any time of the year, but if carried in the affirmative, does not take 
effect until the second Monday in March following, when the directors are 
elected. 



SCHOOL LAWS OF IOWA. 



71 



rectors, shall be performed by the trustees of the township, to whom 
the petition shall in such cases be addressed; and provided further 
that nothing in this section shall be construed to affect independent 
districts composed wholly or mainly of cities or incorporated towns. 
Independent districts may, in like manner, change their boundaries 
so as to form any number of districts less than the number of dis- 
tricts existing at the time such change is asked for, and such changes 
shall be specified in the notices for a vote thereon. 

Sec. 1815. (As amended by Chap. 155, Laws of 1876.) The inde- 
pendent districts of a civil township may be constituted a district 
township in the manner hereinafter provided. 

Sec. 1816. (As amended by Chap. 155, Laws of 1876.) At the 
written request of one-third of the legal voters residing in any civil 
township, which is divided into independent districts, the township 
trustees shall call a meeting of the qualified electors of such civil 

(b) By adopting the independent district system, there will be but six 
directors in any case, and but three where the township contains leas than 
five hundred inhabitants. At the first election the whole number is elected, 
and divided by lot into three classes; after which, one or two directors only 
will be elected annually. 

(c) When independent districts have been formed from the subdistricts 
of a township, they may also, under the provisions of this section, unite 
into one independent district. In this case the petition of one- third of the 
electors in the township should be presented to the township trustees, 
whose duty it is to call the meeting to vote on the question of consolidation. 

(d) The plan of making each civil township an independent district, gov- 
erned by a board chosen from the township at large, is, in many respects, 
the best system yet devised. It reduces the number of school oflflcers, pro- 
vides for gradual changes in the board, secures uniform taxation for the 
support of schools throughout the township, encourages the establishment 
of graded schools for advanced scholars, and tends to the selection of teach- 
ers according to the qualifications and work required in each single case. 

Sec. 1815. (a) The electors of any civil township which has adopted the 
independent district organization, may vote upon the question of returning 
to the district township organization, under sections 1815-1820, as amended. 
This operates as a repeal of these sections as found in the Code of 1873. 

(6) A single independent district, embracing the whole of the civil town- 
ship, may be formed by section 1814; a system possessing many advantages 
over any other, in simplicity of organization, permanency of officers, uni- 
formity of taxation, and economy of management. Note (d) to section 1814.' 

Sec. 1816. (a) The petition provided for in this section may be pre- 
sented to the trustees and the vote ordered at any time of the year. 



72 



SCHOOL LAWS OF IOWA. 



township, at the usual place of holding the township election, by 
giving at least ten days' notice thereof, by posting three written 
notices in each independent district in the township, and by publica- 
tion in a newspaper, if one be published in such township, at which 
meeting the said electors shall vote by ballot for or against a district 
township organization. 

Sec. 1817. (As amended by Chap. 155, Laws of 1876.) If a major- 
ity of the votes cast at such election be in favor of such district town- 
ship organization, each independent district shall become a subdis- 
trict of the district township, and shall organize as such subdistrict 
on the first Monday in March following, by the election of a subdi- 
rector. 

Sec. 1818. (As amended by Chap. ]55, Laws of 1876.) Each sub- 
district so formed shall hold a meeting on the first Monda]^ in March, 
for the election of a subdirector; five days' notice of which meeting 
shall be given by the secretary of the old independent district, by 
posting written notices in three public places in each district, which 
notices shall state the hour and place of meeting. 

Sec. 1819. (As amended by Chap. 155, Laws of 1876.) District 
townships organized under the provisions of the preceding four sec- 
tions, shall be governed and treated in all respects as other district 
townships; provided that nothing in this act shall be construed to 

(&) The meeting held to determine the question of district township or- 
ganization, is a township meeting; if the vote is in the afllrmative, each and 
every independent district in the township, except those composed of cities 
or towns, becomes a subdistriet of the district township. 

(c) The township trustees may act as judges of this election; in their 
absence the electors assembled may choose a chairman and one or two sec- 
retaries to act as judges. The polls should be kept open from 9 a. m. to 4 
p. M. iTote (/) to section 1801. 

Sec. 1817. The board of each independent district will continue to act 
until the third Monday in .March following the election, at which time a 
full statement of all assets and liabilities of the district should be reported 
to the board of the district township when organized. 

Sec. 1818. For powers and duties of this meeting, see sections 1718 and 
1719 and notes. 

Sec. 1819. (a) Upon the organization of the district township, the sec- 
retary should file with the county auditor and treasurer a certified plat of 
the district, and report to the county superintendent, auditor and treasurer 
the name and address of each officer of the board. 



SCHOOL LAWS OF IOWA. 



73 



affect independent districts composed, wholly or mainly, of cities or 
incorporated towns, 

Sbc. 1820. (As amended by Chap. 155, Laws of 1876.) When any 
district township is organized under the provisions of the preceding 
five sections, the subdirectors shall organize as a board of directors, 
on the third Monday in March, and make an equitable settlement of 
the then existing assets and liabilities of the several independent dis- 
tricts. 

BONDS. 

Section 1821. (As amended by Chap. 121, Laws of 1876.) Inde- 
pendent school districts shall have the power and authority to borrow 
money, for the purpose of redeeming outstanding bonds, and erecting 
and completing school houses, by issuing negotiable bonds of the in- 
dependent district, to run any period not exceeding ten years, draw- 
ing a rate of interest not to exceed ten per centum per annum, which 
interest may be paid semi-annually; which said indebtedness shall be 
binding and obligatory on the independent district for the use of 
which said loan shall be made; but no district shall permit a greater 

{&) The district township meeting should be held on the second Monday 
in March, for the purpose of voting the necessary school-house taxes, as 
provided in section 1717. 

Sec. 1820. (a) Between the time of the election provided for in section 
1816, and the third Monday in March following, the boards of the several 
independent districts have authority to perform all necessary acts relating 
to the affairs of their districts, but they cannot incur any indebtedness, nor 
make any contracts, except such as may be necessary to maintain the usual 
schools of their districts. 

{&) The district township receives all the assets and assumes all the lia- 
bilities of the several independent districts. In case an independent district 
has issued bonds, or otherwise incurred an indebtedness, for the erection of 
a school-house, the board of the district township have authority to appor- 
tion school-house taxes for the payment of such indebtedness, from time to 
time, as j ustice and equity may require. 

Sec. 1821. (a) Bonds voted under the provisions of this section may be 
issued and sold as the necessities of the independent district require, but 
cannot be made available for the purchase of school-house sites. 

(&) Chapter 132, laws of 1878, and chapter 51, laws of 1880, provide for 
the issue of bonds by the board to fund judgment indebtedness. 



10 



rj^ SCHOOL LAWS OF IOWA 

outstanding indebtedness than an amount equal to five per centum of 
the last assessed value of the property of the district. 

Sec. 1822. (As amended by Chap. 59, Laws of 1880.) The di- 
rectors of any independent district, may submit to the voters of their 
district, at the annual or a special meeting, the question of issuing 
bonds as contemplated by the preceding section, giving the same 
notice of such meeting as is now required by law to be given for the 
(election of officers of such districts, and the amount proposed to be 
raised by the sale of such bonds, which question shall be voted upon 
by the electors, and if a majority of all the votes cast on that ques- 
tion be in favor of such loan, then said board shall issue bonds to the 
amount voted, in denominations of not less than twenty-five dollars, 
nor exceeding one thousand dollars, due not more than ten years after 
date, and payable at the pleasure of the district at any time before 
due, which said bonds shall be given in the name of the independent 
district issuing them, and shall be signed by the president of the 
board, and attested by the secretary, and delivered to the treasurer, 
taking his receipt therefor, who shall negotiate said bonds at not less 
than their par value, and countersign the same when negotiated. The 
treasurer shall stand charged upon his official bond with all bonds 
that may be delivered to him; but any bond or bonds not negotiated 
may be returned by him to the board. 

Sec. 1823. If the electors of an independent school district which 
has issued bonds, shall, at the annual meeting in March for any year, 
fail to vote sufficient school-house tax to raise a sum equal to the in- 
terest on the outstanding bonds which will accrue during the then 
coming year, and such portion of the principal as will liquidate and 
pay off said bonds at maturity, then it shall be lawful for the board 
of such district, to vote a sufficient rate on the taxable property of 
the district, to pay such interest, and such proportionate portion of 
the principal as will pay said bonds in full, by the time of their ma- 
turity, and shall cause the same to be certified and collected, the same 
as other school taxes. 

(c) Chapter 132, laws of 1880, as amended, provides for the refunding of 
bonded and judgment indebtedness, by a two-thirds vote of the board, with- 
out a vote of the electors, but the interest upon bonds so issued is limited 
to seven per cent, and the bonds must run at least Ave years. 



SCHOOL LAWS OF IOWA. 75 

Sec. 1824. All school orders shall draw lawful interest, after 
having been presented to the treasurer of the di8trict,*and not paid for 
want of funds, which fact shall be indorsed upon the order by the 
treasurer. » 

SCHOOL HOUSE SITES. 

Section 1825. It shall be lawful for any district township or in- 
dependent district, to take and hold, under the provisions contained 
in this chapter, so much real estate as may be necessary for the loca- 
tion and construction of a school-house, and convenient use of the 
school; provided that the real estate so taken, otherwise than by the 
consent of the owner or owners, shall not exceed one acre. 

Sec. 1826. The site so taken must be on some public highway, at 
least forty rods from any residenct?, the owner whereof objects to its 
being placed nearer, and not in any orchard, garden or public park. 
But this section shall not apply to any incorporated town. 

Sec. 1824. The board may not authorize the payment of interest to ex- 
ceed six per cent. If no rate is specified in the order it will draw six per 
cent. Interest can be paid on an order only from the date of its presenta- 
tion, whether the rate is specified in the order or not. 51 Iowa, 102. 

Sec. 1825. (a) A site of less than one acre may be enlarged to an acre. 

(&) The acre contemplated in this section means exclusive of highway. 

(c) Property encumbered, occupied as a homestead, or belonging to 
minor heirs, may be taken under the provisions of this section. 

(d) If the district cannot establish its claim to the school- house site, 
owing to the loss of the deed, or for other reason, and the owner refuses to 
grant the site, the district may avail itself of the provisions of this and the 
following sections and secure a site not to exceed one acre. 

Sec. 1826. (a) All sites taken under these sections, must be located on a 
public road, and at least forty rods from any residence, the owner whereof 
objects to its being placed nearer, except in incorparated towns. 

(6) When a site is sought to be condemned, the distance of forty rods 
mentioned in this section, is measured from the nearest part of the resi- 
dence to the nearest part of the site, in a straight line. 

(c) Under the Iowa statute of limitations, ten years' use of a highway 
by the public, under a claim of right, will bar the owner of the soil. 19 
Iowa, 123, 

[d) If the public, with the knowledge of the owner of land, has claimed 
and continuously exercised the right of using the same for a public high- 
way, for a period equal to that fixed by the statute for the limitation of real 
actions, a complete right to the highway thereby becomes established 
against the owner, unless it appears that such use was by favor, leave or 
mistake. 22 Iowa, 457. 



76 SCHOOL LAWS OF IOWA. 

Sec. 182'7. (As amended by Chap. 134, Laws of 1886.) If the 
owner of any such real estate refuse or neglect to grant the site 
on his premises, or if such owner cannot be found, the county 
superintendent of the county in which said real estate may be 
situated, shall, upon application of either party, appoint three dis- 
interested persons of said county, unless a smaller number is 
agreed upon by the parties, who shall, after taking an oath to faith- 
fully and impartially dischargia the duties imposed on them by this 
chapter, inspect said real estate, and assess the damages which said 
owner will sustain, by appropriation of his land for the use of said 
house and school, said county superintendent giving to the owner of 
such real estate, the same notice as is required for the commencement 
of a suit at law, in the district court, of the time of such assessment 
of damage, and make a report in writing, to the county superintend- 
ent of said county, giving the amount of damages, description of 
land, and exact location, who shall file and preserve the same in his 
office. If said board shall, at any time before they enter upon said 
land, for the purpose of building said house, deposit with the county 
treasurer, for the use of said owner, the sum so assessed as aforesaid, 
they shall be thereby authorized to build such house, and maintain 
the right to said premises; provided that either party may have the 
right to appeal from said assessment of damages, to the district court 
of the county where such real estate is situated, within twenty days 
after receiving notice that such assessment is made, which appeal 
shall be final; but such appeal shall not delay the prosecution of work 
upon said house, if said board shall pay, or deposit with the county 

Sec. 1827. (a) If personal service cannot be made, as provided by sec- 
tions 2601-2610, Code, the notice must be published, four consecutive weeks, 
previous to the appraisement, in a newspaper. Sections 2618-2620, Code. 
Forms 41, 42, 43, 44 and 45. 

(6) The appraisers are entitled to two dollars for each day's service, and 
ten cents per mile from their residence to the location of the property ap- 
praised. Sections 3811-3813, Code. 

(c) When the owner of land taken under section 1827 is unknown, or can- 
not be found, it is not necessary to print the report of appraisement, or to 
attempt other notice to said owner, than the printed notice required by this 
section. It is sufficient for the county superintendent to send a certified 
copy to the board. 

(d) If the board have deposited with the county treasurer the amount 
assessed by the appraisers in accordance with this section, we think the 
courts would hold that the district had come into possession of the site. 



SCHOOL LAWS OF IOWA, rjrj 

treasurer, the amount so assessed by such appraisers, and in no case 
shall said board be liable for costs on appeal, unless the owner of 
said real estate shall be adjudged a greater amount of damages than 
was awarded by said appraisers. The board shall in all cases pay 
costs of the first assessment. 

Sec. 1828. The title acquired by said school districts in and to 
said real property shall be for ichool purposes only, and in case the 
same should cease to be used for said purpose, for the space of two 
years, then the title shall revert to the owner of the fee, upon the re- 
payment by him of the principal amount paid for said land, by said 
districts, without interest, together with the value of any improve- 
ments thereon erected by said districts; provided that during the 
time said site is used for school purposes, the owners of the fee shall 
not injure or remove the timber standing and growing thereon. 

APPEALS. 

Section 1829. Any person aggrieved by any decision or order of 
the district board of directors, in matter of law or of fact, may, within 
thirty days after the rendition of such decision, or the making of such 

(e) The money deposited with the county treasurer should be held for the 
benefit of the owner of the fee, and not for the mortgagee. 

(/) Since the receipt of the treasurer for the money deposited with him 
for the owner of the land, may be the only evidence of title, such a receipt 
should have a full description of the property, containing the proviso of 
note (&) of form 15, and should be recorded by the county recorder. 

Sec. 1828. (a) No deed or other instrument from the owner is required to 
authorize the district to occupy the land for school purposes. The proceed- 
ings should be recorded in full by the district secretary'. 

(&) In case the land desired for a school site is under mortgage, the dis- 
trict may receive from the owner the lease of a portion not to exceed one 
acre, to be held by the district as long as used for school purposes, and when 
no longer so used, to revert to the owner, as provided by this section. 

Sec. 1829. (a) The right of appeal is limited to persons aggrieved or in- 
juriously affected by the decision or order complained of. 

(6) After the expiration of thirty days, the county superintendent can- 
not entertain an appeal. 

(c) All the decisions or orders of the board of directors are subject to 
revision on appeal. When the act complained of is of a discretionary 
character, the action of the board should be sustained, unless it is clearly 
shown that the board violated law, abused its discretion, or acted with 
manifest injustice. S. L. Decisions, 35. 



78 



SCHOOL LAWS OF IOWA. 



order, appeal therefrom to the county superintendent of the proper 
county. 

Sec. 1830. The basis of the proceeding shall be an affidavit, filed 
by the party aggrieved with the county superintendent, within the 
time for taking the appeal. 

Sec. 1831. The affidavit shall set forth the errors complained of in 
a plain and concise manner. 

Sec. 1832. The county superintendent shall, within five days after 
the filing of such affidavit in his office, notify the secretary of the 
proper district, in writing, of the taking of such appeal. And the 
latter shall, within ten days after being thus notified, file in the office 
of the county superintendent, a complete transcript of the record and 

{d) To correct an illegal action of the board, certiorari, and not appeal, 
is the remedy. 55 Iowa, 215. 

(e) No appeal can be taken from the action of the board taking the initia- 
tory step, while it requires the concurrence of another board to complete 
the action. The concurrence or non-concurrence of the second board is the 
order from which an appeal may be taken. S. L. Decisions, 24 and 58, also 
notes (d), (e) and (/) to section 1809. 

Sec. 1830. An affidavit is a written declaration under oath, made with- 
out notice to the adverse party. Section 3689, Code. It must be sworn to 
before some officer authorized to administer oaths. A county superintend- 
ent can have no jurisdiction of an appeal case until such affidavit has been 
filed. A notice of intention to file an affidavit, a verbal complaint, or a 
petition, is not sufficient to give the county superintendent jurisdiction in 
appeal cases. Form 46. 

Sec. 1831. (a) The affidavit should contain, first, a statement of the 
decision complained of and its date; second, a statement of facts showing 
that the appellant has an interest in the decision, and is injuriously affected 
by it; third, the assignment of errors. Form 46. 

(b) This affidavit being the first paper filed, care should be taken that the 
case is properly entitled, and this title should be preserved throughout the 
further progress of the appeal. The date of filing should be indorsed upon 
the affidavit by the superintendent. 

Sec. 1832. (a) The notice should describe the decision or order appealed 
from, so that it may be identified, and should require the district secretary 
to file the transcript with the superintendent within the time specified. 
The notice may be served personally or sent by mail. Form 47. 

(b) The secretary shall make and forward a transcript or copy of the 
record of all actions of the board relating to the decision or order appealed 
from, also of all petitions, remonstrances, plats, and papers pertaining 
thereto. The original papers must be preserved with the district records. 
Form 48. 



SCHORL LAWS OF IOWA. 79 

proceedings relating to the decision complained of, which transcript 
shall be certified to be correct by the secretary. 

Sec. 1833. After the filing of the transcript aforesaid in his office, 
he shall notify in writing all persons adversely interested of the time 
and place where the matter of the appeal will be heard by him. 

Sec. 1834. At the time thus fixed for hearing, he shall hear testi- 
mony for either party, and for that purpose may adnfinister oaths if 
necessary, and he shall make such decision as may be just and equi- 

(c) During the pendency of an appeal all matters must remain in statu 
quo, and this can be enforced by writ of injunction. Note (c) to section 
1718. Also, during such time no opinion relating to the case will be given 
to interested parties by this department. 

Sec. 1833. Notice of the time and place of hearing should be given to the 
appellant, to the secretary of the board, and to all other persons known to 
be interested. The notices may be served personally or sent by mail. 
Form 49. 

Sec. 1834. (a) While the superintendent is not a court, in the strict 
sense of the term, he is required to administer oaths, to hear testimony on 
both sides, to receive depositions, and to render a just and equitable decis- 
ion. See preface to S. L. Decisions, 1883. And while mere technicalities 
should not be permitted to prevent the attainment of justice, it is not inap- 
propriate that the superintendent should be governed by many of the rules 
as to evidence and practice which ordinarily obtain in courts. 

(b) In case of disturbance or interruption during the trial of an appeal 
before a county superintendent, since he is not invested with judicial 
power, he has only the ordinary remedy of complaint to the proper authori- 
ties, as provided for in section 4069, Code. 

(c) The docket or minutes of the superintendent should commence by 
noting the filing of the affidavit. He will afterward, as the acts transpire, 
record the sending of the notice of appeal to the district secretary, the fil- 
ing of the transcript, the sending of notices of the hearing, and any ad- 
journment of the case that may be granted. At the trial he will carefully 
note down the names of all parties appearing, and their post-offlce address, 
and whether they appear for or against the appeal; also, the filing of all pa- 
pers and names of witnesses, and in whose behalf such papers or witnesses 
are introduced. The decision of the superintendent will form an appro- 
priate close of his minutes. Forms 47, 48, 49 and 50. 

(d) All testimony must be given under oath and the substance reduced to 
writing, at the time, by the county superintendent. It is recommended 
that a summary of what each witness testifies be made, read to the witness, 
and signed by him. It is of the first importance that the record of the tes- 
timony be full and accurate, as the decision of the county superintendent, 
also of the superintendent of public instruction, in case the appeal is car- 



gQ SCHOOL LAWS OF IOWA. 

table, which shall be final, unless appealed from as hereinafter pro- 
vided. 

Sec. 1835. An appeal may be taken from the decision of the county- 
superintendent to the superintendent of public instruction, in the 
same manner as provided in this chapter for taking appeals from the 
district board to the county superintendent, as nearly as applicable, 
except that he shall give thirty days' notice of the appeal to the county 
superintendent, and the like notice shall be given the adverse party. 
And the decision, when made, shall be final. 

ried up, must be based upon the record of evidence introduced. This tes- 
timonv should be preserved with the other papers of the case. 

Sec. 1835. (a) Appeals to the superintendent of public instruction are 
conducted in the same manner and governed by the same rules, so far as ap- 
plicable, as appeals to county superintendents. The basis of the appeal 
must be an affidavit filed in the office of the superintendent of public in- 
struction, within thirty days from the date of the decision appealed from. 
For form and contents of the affidavit see notes to sections 1830-31. Upon 
the filing of such an affidavit the superintendent of public instruction will 
notify the county superintendent to forward* a transcript of the papers in 
the case within thirty days. The original papers must be preserved on file 
in the county superintendent's office. Upon the filing of the transcript, 
thirty days' notice of the time set for hearing will be given to all parties 
interested. This time may be diminished on the written agreement of both 
parties. Form 50. 

(6) At the hearing, parties interested may appear personally or by attor- 
ney, and argue their cases orally, if they desire, or they may send written 
arguments. The records of the case in the county superintendent's office 
will furnish the data required for these arguments. The records of cases in 
the offices of county superintendents, which are public records, and should 
be open as such, to examination, by all parties interested, will furnish all 
needed data, where access to the transcript sent up is inconvenient. The 
superintendent of public instruction will not hear original testimony in the 
cases submitted to him. 

(c) Any person aggrieved by an action of the county superintendent in 
refusing to grant a certificate or in revoking the same, may apply to him 
for a rehearing; the proceedings to correspond as nearly as possible to the 
proceedings in the case of an appeal from a board of directors. If any party 
is aggrieved by the result of this investigation, an appeal may be taken 
therefrom to the superintendent of public instruction. 

(d) A party, in whose favor an appeal is decided, has the remedy of a 
writ of mandamus from a court of law to enforce the decision of appeal. 
69 Iowa, 533. 



SCHOOL LAWS OF IOWA. Ql 

Sec. 1836. Nothing in this chapter shall be so construed as to au- 
thorize either the county or state superintendent to render a judgment 
for money, neither shall they be allowed any other compensation than 
is now allowed by law. All necessary postage must first be paid by 
the party aggrieved. 

Sec. 1836. Payment for postage in advance will be required with the 
aflSdavit. It is impossible to tell what amount of postage will be needed in 
each case, and one dollar will be required, to cover all needed postage. 



11 



82 



SCHOOL LAWS OF IOWA. 



SESSION LAWS. 



CHAPTER 64, LAWS OF 1874. 

INDUSTRIAL EXPOSITIONS IN SCHOOLS. 

Section 1. It shall be the duty of the board of directors of inde- 
pendent school districts, and the subdirector of each subdistrict, if 
they should deem it expedient, under the direction of the county 
superintendent, to introduce and maintain an industrial exposition 
in connection with each school under their control within this state. 

Sec. 2. These expositions shall consist of useful articles made by 
the pupils, such as samples of sewing, and cooking of all kinds, knit- 
ting, crocheting, and drawing, iron and wood work of all kinds, from 
a plain box or horse-shoe to a house or steam-engine in miniature; 
also, all other useful articles known to the industrial world, or that 
may be invented by the pupils, in connection with farm and garden 
products in their season, that are the results of their own toil. 

Sec. 3. The pupils shall be required to explain the use and method 
of their work, and kind and process of culture of farm and garden 
j)roducts. 

Sec. 4. The parents and friends of pupils shall be allowed and 
requested to be present at said expositions. 

Sec. 5. Ornamental work shall be encouraged when accompanied 
by something useful made by the same pupil. 

Sec. 6. These expositions shall be held in the school room upon a 
school day as often as once a term, and not oftener than once a 
month. 



SCHOOL LAWS OF IOWA. 



83 



CHAPTER 67, LAWS OF 1874. 

VOTING ON SCHOOL TAXES. 

Section 1. All school districts lying in two adjoining counties 
shall have the right to vote mills, instead of specific sums, for school 
purposes. 



CHAPTER 129, LAWS OF 1876. 

(As amended by Chap. 142, Laws of 1878, and Chap. 64, Laws of 

1888.) 

STATE NORMAL ANB TRAINING SCHOOL. 

Section 1. A school for the special instruction and training of 
teachers for the common schools of this state is hereby established at 
Cedar Falls, in Black Hawk county. 

Sec. 2. The school shall be under the management and control of 
a board of directors consisting of six members, no two of whom shall 
be from the same county, and the superintendent of public instruction 
shall be ex- officio a member of said board and president thereof. The 
board of directors shall be elected by the general assembly, two for 
two years, two for four years, and two for six years, and the general 
assembly shall elect two members of said board every two years, for 
the full term of six years as the terms of office of the respective 
classes expire. Their term of office shall commence on the first day 
of June following their election. No member of the board shall be 
a teacher in the school, or receive other compansation for his ser- 
vices, than a re imbursement of his actual expenses, to be certified to 
by him and paid out of the state treasury. Any vacancy occurring 
in the board shall be filled by the appointment of the governor. 

Sec. 3. The board shall convene, at the call of the superintendent 
of public instruction, on or before June 15, 1876, and having each 
qualified, according to law, shall organize by the election of a vice- 
president from their number, and a secretary and a treasurer, who 



g4 SCHOOL LAWS OF IOWA. 

shall be persons not members of the board. The secretary shall re- 
ceive such compensation as may be fixed by the board not to exceed 
the sum of one hundred dollars and actual traveling expenses. The 
treasurer shall receive no compensation but shall receive re-imburse- 
ment of actual expenditures. 

Sec. 4. The board shall require a bond, in the sum of twenty 
thousand dollars, of the treasurer with proper and sufficient sureties, 
conditional for the safe keeping of funds coming into his hands. He 
shall receive and disburse all moneys hereby appropriated, and any 
other funds as the board may provide. The board may require of 
any officer or employe, who may be authorized to receive or pay out 
money, a like bond. 

Sec. 5. It shall be the duty of the board, in every necessary man- 
ner with the means at their disposal, to provide for and carry out 
the object for which the school is established. For that purpose 
they shall employ competent and suitable teachers and other employes.^ 
They shall direct, use, and control all the property of the state com- 
ing into their hands for that purpose. They shall control and direct 
the expenditures of all moneys. They shall make all necessary rules 
for the management of the school and the government thereof, and 
shall provide for the admission of pupils from the several counties 
of the state in proportion to their respective population, and upon 
the appointment of respective boards of supervisors, or as the board 
may direct. They shall establish and. publish uniform rules for the 
admission of pupils thereto, and such rules shall provide for equal 
rights in said school, to all the teachers in the state, but they shall 
require in all cases satisfactory evidence of the good character of 
the pupil. They shall also further require all pupils upon their ad- 
mission to the school, to sign a statement of their intention in good 
faith to follow the business of teaching in the. schools of the state» 
It shall also be the duty of the board to make all possible and nec- 
essary arrangements with the means at their disposal, for the board- 
ing and lodging of pupils, but the pupils shall pay the cost of the 
same. They shall require each pupil to pay a fee for contingent ex- 
penses amounting to not more than one dollar per month. The school 
shall be open during such part of the year as the board shall de- 
termine but the session shall continue at least twenty-six weeks. The 
board of directors may in their discretion charge the pupils with a 
tuition fee not exceeding six dollars per term, if suoh charge shall be 



SCHOOL LAWS OF IOWA. gg 

necessary in order to the proper support of the school as provided by 

law. 

********* 

Sec. 9. The said board shall make, at the end of each school year, 
to the governor a detailed report of their proceedings during the 
year. Their report shall also contain the number of teachers em- 
ployed in the school, with the compensation of each; the number of 
pupils, classified; the amount of receipts and expenditures, and the 
items thereof, with such other information and recommendations as 
they may deem expedient, which report shall be embodied in the su- 
perintendent's report to the general assembly. 



CHAPTER 136, LAWS OF 1876. 

WOMEN ELIGIBLE TO SCHOOL OFFICES. 

Section 1. No person shall be deemed ineligible, by reason of 
sex, to any school office in the state of Iowa. 

Sec. 2. No person who may have been or shall be elected or ap- 
pointed to the office of county superintendent of common schools or 
school director in the state of Iowa, shall be deprived of office by 
reason of sex. 



CHAPTER 132, LAWS OF 1878. 

ISSUANCE OF BONDS TO FUND JUDGMENT INDEBTEDNESS. 

Section 1. Any school district against which judgments have 
been rendered prior to the passage of this act, and which judgments 
remain unsatisfied, may, for the purpose of paying off such judg- 
ments and funding such judgment indebtedness, issue upon the reso- 
lution of the board of directors of the district, the negotiable bonds 
of such district, running not more than ten years, and bearing a rate 
of interest not exceeding ten per centum per annum, payable semi- 
annually, which bonds shall be signed by the president of the dis- 
trict, and countersigned by the secretary, and shall not be disposed of 



86 SCHOOL LAWS OF IOWA. 

for lees than tkeir par value, nor for any other purpose than that pro- 
vided for by this act, and such bonds shall be binding and obligatory 
upon the district. 

Sec. 2. It shall be the duty of the board of directors of any dis- 
trict which shall issue bonds under this act, to provide for the pay- 
ment of the same by the levy of tax therefor, in addition to the other 
taxes provided by law, and they are hereby required to levy such an 
amount each year as shall be sufficient to meet the interest on such 
bonds promptly as it accrues. 

Sbc. 3. The bonds issued under this act shall be in the name of the 
district and in substantially the same form as is by law provided for 
county bonds; shall be payable at the pleasure of the district; shall 
be registered in the office of the county auditor; shall be numbered 
consecutively and redeemed in the order of their issuance. 



CHAPTER 133, LAWS OF 1878. 
(As amended by Chapter 131, Laws of 1880.) 

SUBDIVISION OF INDEPBNDBNT DISTRICTS. 

Section 1. Any independent school district, organized under any of 
the laws of this state, may subdivide, for the purpose of forming two or 
more independent school districts, or have territory detached to be an- 
nexed with other territory, in the formation of an independent district 
or districts, and it shall be the duty of the board of directors of said 
independent district to establish the boundaries of the districts so 
formed, the districts so formed not to contain less than four govern- 
ment sections of land, each; this limitation shall not apply when, by 
reason of a river or other obstacle, a considerable number of pupils 
will be accommodated by the formation of a district containing less 

CHAPTER 133, LAWS OF 1878. 

Section 1. (a) The provisions of this section, as amended, apply to all 
independent districts organized under the laws of this state. 

(6) The amount of territory cannot be less than an equivalent of four 
government sections, unless the provisions of the latter part of this section 
apply. 



SCHOOL LAWS OF IOWA. Qrj 

than four sections, or where there is a city, town or village within 
said territory, of not less than one hundred inhabitants, and in such 
case?, the independent district so formed shall not contain less than 
two government sections of land, such subdivision to be effected in 
the manner provided for in sections 2, 3 and 4 of this chapter; pro- 
vided that where either of the districts so proposed to be formed 
contains less than four government sections, it shall require a major- 
ity of the votes, of each of the proposed districts, to authorize such 
subdivision. 

Skc. 2. At the written request of one-third of the legal voters 
residing in any independent school district, the board of directors of 
said independent district shall call a meeting of the qualified electors 
of the independent district, at the usual place of holding their meet- 
ing, by giving at least ten days' notice thereof, by posting three no- 
tices in the independent district sought to be divided, and by publi- 
cation in a newspaper, if one be published in the independent dis- 
trict, at which meeting the electors shall vote by ballot for or against 
such subdivision. 

Sec. 3. Should a majority of the votes be cast in favor of such 
subdivision, the board or boards of directors shall call a meeting in 
each independent district so subdivided or formed as aforesaid, for 
the purpose of electing by ballot three directors, who shall hold their 
offices, one, two, and three years, respectively; the length of their 
respective terms to be determined by lot; and but one director shall 
be chosen annually thereafter, who shall hold his office for three 
years. 

Skc. 4. At the meeting of the electors of each independent school 
district, as provided in the last section, they shall also determine by 
ballot the name to be given to their district, and each independent 
district, when so organized, shall be a body corporate, and the name 
so chosen shall be its corporate name; provided that the board of di- 
rectors of any district, organized under the provisions of this act, 
may change its name if any other district in the township shall have 
chosen the same name. 

(c) An independent district containing territory amounting to less than 
eight government sections, may be divided into two independent districts, 
if an unbridged stream or other obstable prevents a considerable number of 
scholars from attending school, or if one portion contains a village of not 
less than one hundred inhabitants. The district so formed must contain 
territory amounting to not less than two government sections, and a ma- 



go SCHOOL LAWS OF IOWA. 

Sec. 5. Independent districts, organized under the provisions of 
this act, shall be governed by the laws relating to independent dis- 
tricts. 



CHAPTER 166, LAWS OF 1878. 

TUITION OF PAUPER CHILDREN. 

Section 1. Section 1381 of the Code is hereby amended by adding 
at the end of the section: The expense of the poor-house shall in- 
clude such an amount of tuition for the instruction of the pauper 
children, as the whole number of days' attendance of such pauper 
children, is to the total number of days' attendance in the school at 
which pauper children attend, and such amount shall be paid into the 
treasurv of the district where said children attend. 



CHAPTER 8, LAWS OF 1880. 

•SEPARATE POLLING PLACES. 

Section 1. Independent school districts having a population of 
not less than fifteen thousand inhabitants, shall be divided into not 
less than three, nor more than six election precincts, in each of which 
a poll shall be held at a convenient place, to be appointed by the 
board of directors, for the reception of the ballots of the electors re- 
siding in such precinct at said election. 

Sec. 2. The board of directors shall provide for the submission of 
all questions relating to the powers reserved to the electors under 
section 1807 of the Code, which questions shall be decided by ballot, 
returns to be made on questions submitted as hereinafter provided. 

jority of the votes cast, in each contemplated district, must be cast for the 
division. 

Sec. 2. When the required number of electors petition for such division, 
the board are compelled to call the election, but the organization cannot be 
completed between August and January. 

Sec. 5. When the division has been completed, a settlement of assets and 
liabilities must be made, in conformity with section 1715. 



SCHOOL LAWS OF IOWA.. 89 

Sec. 3. A register of the electors residing in each precinct shall 
be prepared by the board of directors from the register of the elec- 
tors of any city, town or township which is in whole or in part in- 
cluded within such independent school district; and for that purpose 
a copy of such register of electors shall be furnished by the clerk of 
each such city, town or township to the board of directors. Said 
board shall, in each year before the annual election for directors, re- 
vise and correct such school election registers by comparison thereof 
with the last register of elections for such cities, towns and town- 
ships. And the register provided for by this section shall have the 
same force and effect at elections held under this act, and in respect 
to the reception of votes at said elections, as the register of elections 
has by law at general elections. . 

Sec. 4. Notice of every election under this act shall be given in 
«ach district in which the same is to be held, by the secretary thereof, 
by posting up the same in three public places in such district, and by 
publication in a newspaper published therein for two weeks preced- 
ing such election; such notice shall also state the respective election 
precincts, and the polling place in each precinct. 

Sec. 5, The board of directors shall appoint one of their own num- 
ber and another elector of the district to act as judges of election, 
and a clerk for each polling place, who shall be sworn as provided by 
section 609 of the Code in case of general elections. The polls shall 
be open from 9 o'clock a. m. to 6 o'clock p. m. If either of the judges, 
or clerk, fail to attend, his place may be filled by the others by appoint- 
ing an elector attending in his place, and if all fail to attend in time, 
or refuse to serve or be sworn, the electors present shall choose two 
judge j and a clerk from the electors attending. A ballot-box and the 
necessary poll-book shall be provided by the board of directors for 
each precinct, and the election shall be conducted in the same manner, 
and under the same rules and regulations, so far as applicable, as are 
provided by chapter 3 of title 5 of the Code, for general elections. 

Sec. 6. The judges of election and clerk in each precinct shall 
canvass the vote therein, and shall, as soon as possible, make out, 
sign and return to the secretary of the district a certificate showing 
the whole number of votes cast in such precinct, and the number of 
votes in favor of each person voted for, and questions submitted. 
The board of directors shall meet on the next Monday after the elec- 
tion and canvass the returns, and ascertain the result of the election. 

12 



90 SCHOOL LAWS OF IOWA. 

The whole number of votes cast, and the number in favor of each 
person voted for, shall be entered in their record, and the persons 
respectively receiving the highest two numbers of votes shall be de- 
clared elected, and all questions submitted receiving a majority of 
votes cast shall be recorded as carried. The secretary shall issue to 
each person so elected a certificate of his election. 

Sec. 7. All acts and parts of acts inconsistent with this act are 
hereby repealed. 



CHAPTER 51, LAWS OF 1880. 

ENABLING DISTRICTS TO ISSUE BONDS TO FUND JUDGMENT INDEBTED- 
NESS. 

Section 1. Any school district or district township against which 
judgments have been rendered, prior to the passage of this act, and 
which such judgments remain unsatisfied, may, for the purpose of 
paying off such judgment indebtedness, issue negotiable bonds, of 
such district township, upon a resolution of the board of directors 
of the district township, running not more than ten years, and bear- 
ing a rate of interest not exceeding eight per cent per annum, paya- 
ble semi-annually, which bonds shall be signed by the president of 
the district and countersigned by the secretary, and shall not be dis- 
posed of for less than their par value, nor for any other purpose than 
that provided by this act, and such bonds shall be binding and ob- 
ligatory upon the district township. 

Sec. 2. It shall be the duty of the board of directors of any dis- 
trict township which issues bonds under this act, to provide for the 
payment of the same by the levy of. tax therefor, in addition to the 
other taxes provided by law; and they are hereby required to levy 
such an amount each year as shall be sufficient to meet the interest 
on such bonds promptly as it accrues. 

Sec. 3. The bonds issued under this act shall be in the name of 
the district township and in substantially the same form as is by law 
provided for county bonds; shall be payable at the pleasure of the 
district township; shall be registered in the office of the county aud- 
itor; shall be numbered consecutively and redeemed in the order of 
their issuance. 



SCHOOL LAWS OF IOWA. Q]^ 



CHAPTER 132, LAWS OF 1880. 
(As amended by Chap. 95, Laws of 1886.) 

AUTHOBIZING DI8TBICTS TO FUND BONDED OE JUDGMENT INDEBTEDNESS. 

Section 1. Any independent school district, or district township, 
now or hereafter having a bonded or judgment indebtedness out- 
standing, is hereby authorized to issue negotiable bonds at any rate 
of interest not exceeding seven per cent per annum, payable semi- 
annually, for the purpose of funding said indebtedness; said bonds to 
be issued upon a resolution of the board of directors of said district; 
provided that said resolution shall not be valid unless adopted by a 
two-thirds vote of said directors. 

Sec. 2. The treasurer of such district is hereby authorized to sell 
the bonds provided for in this act, at not less than their par value, 
and apply the proceeds thereof to the payment of the outstanding 
bonded or judgment indebtedness of the district, or he may exchange 
such bonds for outstanding bonds, par for par; but the bonds hereby 
authorized shall be issued for no other purpose than the funding of 
outstanding bonded or judgment indebtedness. The actual cost of 
the engraving and printing of such bonds, shall be paid for out of the 
contingent fund of such district. 

Sec. 3. Said bonds shall run not more than ten years, and be pay- 
able at the pleasure of the district after five years from the date of 
their issue; provided that in order to stop interest on them the treas- 
urer shall give the owner of said bonds ninety days' written notice of 
the readiness of the district to pay, and the amount it desires to pay; 
said notice to be directed to the post-office address of the owner of 
the bonds; provided further that the treasurer shall keep a record of 
the parties to whom he sell the bonds, and their post-office address, 
and notice sent to the address, as shown by said record, shall be suffi- 
cient. 

Sec. 4. Said bonds to be in denominations of not less than one 
hundred dollars and not more than one thousand dollars; and said 
bonds shall be given in the name of the independent district, or dis- 
trict township, and signed by the president, and countersigned by the 



92 SCHOOL LAWS OF IOWA. 

secretary thereof; and the principal and interest may be made paya- 
ble wherever the board of directors may by resolution determine. 

Sec. 5. When said bonds are delivered to the treasurer to be ne- 
gotiated, the president shall take his receipt therefor, and the treas- 
urer shall stand charged on his official bond with the amount of the 
bonds so delivered to him. 

Sec. 6. The tax, for the payment of the principal and interest of 
said bonds, shall be raised as provided in section 1823, chapter 9, 
title 12 of the Code, provided that if the district shall fail or neglect 
to so levy said tax the board of supervisors of the county in which 
said district is located, shall, upon the application of the owner of 
said bonds, levy said tax. 

Sec. T. All acts and parts of acts in conflict with this act are 
hereby repealed. 



CHAPTER 23, LAWS OF 1882. 

EEQUIKING BOAEDS TO SET TREES ON SCHOOL GROUNDS. 

Section 1. The board of directors of each district township and 
independent district, shall cause to be set out and properly pro- 
tected, twelve or more shade-trees on each school-house site belong- 
ing to the district, w'here such number of trees are not now growing, 
and such expense shall be paid from the contingent fund. 

Sec. 2. It shall be the duty of the county superintendent in visit- 
ing the several schools in his county, to call the attention of any 
board of directors neglecting to comply with the requirements of 
this statute, and the required number of shade-trees shall be planted 
as soon thereafter as the season will admit. 

Sec. 3. That section 1745, of the Code, be amended by adding an 
additional item at the end of said section, as follows: 12. The 
number of trees set out and in thrifty condition on each school house 
grounds. 



SCHOOL LAWS OF IOWA. 



93 



CHAPTER 118, LAWS OF 1882. 

INCLUDING ALL OF CITY, WITHIN INDHPENDKNT DISTRICT. 

Section 1. All the territory of an incorporated city or town, 
whether included within the original incorporation, or afterwards at- 
tached thereto, in accordance with the provisions of law, shall be or 
become a part of the independent district, or districts, of said city 
or town. 

Sec. 2. "When boundaries are changed by the taking effect of this 
act, the respective boards of directors shall make an equitable settle- 
ment of the then existing assets and liabilities of their districts, as 
provided for by section 1715 of the Code. 



CHAPTER 149, LAWS OF 1882. 
(As amended by Chap. 107, Laws of 1886.) 

ENABLING BOARDS TO INSURE SCHOOL PROPERTY. 

Section 1. The board of directors of all school districts, organized 
under any of the laws of this state, may use unappropriated contin- 
gent funds for the purpose of effecting an insurance on the school 
property of their district; but they may contract no debts for this 
purpose. 



94 SCHOOL LAWS OF IOWA. 



CHAPTER 167, LAWS OF 1882. 

CREATING A STATE BOARD OF EXAMINERS. 

Section 1. The superintendent of public instruction, the presi- 
dent of the state university, the principal of the state normal school, 
and two persons, to be appointed by the executive council, one of 
whom shall be a woman, for terms of four years; provided that of 
the two first appointed, one shall be for two years; and provided fur- 
ther that no one shall be his own successor in said appointments; are 
hereby constituted a state board of examiners, with the superintend- 
ent of public instruction as ex officio.) its president. 

Sec. 2. The board shall meet at such times and places as its presi- 
dent shall direct, for transaction of business, and shall hold annually, 
at least two public exa-miuations of teachers, at each of which exam- 
inations one member of the board shall preside, assisted by such well 
qualified teachers, not to exceed two in number, as the board of ex- 
aminers may elect. Said board may adopt such rules, not inconsis- 
tent herewith, and with the statutes of Iowa, as they may deem 
proper; and said board shall keep a full record of their proceedings, 
and a complete register of all persons to whom certificates and 
diplomas are issued. 

Sec. 3, Said board shall have power to issue state certificates and 
state diplomas to such teachers as are found, upon examination, to 
possess good moral character, thorough scholarship, clear and com- 
prehensive knowledge of didactics, and successful experience in 
teaching. 

Sec. 4. Candidates for state certificates shall be examined upon 
the following branches: Orthography, reading, writing, arithmetic, 
geography, English grammar, bookkeeping, physiology, history of 
the United States, algebra, botany, natural philosophy, drawing, 
civil government, constitution and laws of Iowa, and didactics; and 
candidates for state diplomas shall pass examination upon all 
branches required by candidates for state certificates, and in addi- 
tion thereto in geometry, trigonometry, chemistry, zoology, geology, 
astronomy, political economy, rhetoric, English literature and gen- 



SCHOOL LAWS OF IOWA, 95 

eral history, and such other branches as the board of examiners may- 
require. 

Sec. 5. A state certificate shall authorize the person, to whom it 
is issued, to teach in any public school of the state for the term of 
five years from the date of its issue, and a state diploma shall be 
valid for the life of the person to whom it is issued; provided that 
any state certificate, and any state diploma, may be revoked by the 
board of examiners for any cause of disqualification, on well-founded 
complaint entered by any county superintendent of schools. 

Sec. 6. The fee for each state certificate shall be three dollars, 
and for each state diploma five dollars, which fee shall be paid before 
examination to such person as the board of examiners may designate 
from their own number, and the same shall be paid into the state 
treasury when so collected; provided that if such applicant shall fail 
in said examination, one-half of the fee shall be returned. 

Sec. 7. Every holder of a state certificate, or of a state diploma, 
shall have the same registered, by the county superintendent of 
schools of the county in which he wishes to teach, before entering 
upon his work, and each county superintendent of schools is required 
to include in his annual report to the superintendent of public in- 
struction, a full account of the registration of state certificates and 
diplomas. 

Sec. 8. Each member of the state educational board of examiners, 
and each person appointed by said board to assist in conducting ex- 
aminations, as provided for in section 2 of this act, shall be entitled 
to receive, for the time actually employed in such service, his neces- 
sary expenses. And provided further that each member of said 
board, not a salaried officer, shall, in addition to his necessary ex- 
penses, receive the sum of three dollars per day, he or she is actually 
employed in said examination, which amounts shall be certified by 
the superintendent of public instruction; and the auditor of state is 
hereby authorized to audit and draw his warrant for the same upon 
the treasurer of state, provided the aggregate amount for any one 
year shall not exceed three hundred dollars. 

CHAPTER 167, LAWS OF 1882. 

Section 7. (a) No fee is required for the registration referred to, but it 
is essential that such record be made before the person commences to teach. 

(&) Holders of state certificates or diplomas are not exempt from report- 
ing to the county superintendent, or complying in every respect with re- 
quirements made of other teachers, except as to examination for certificates. 



96 SCHOOL LAWS OF IOWA. 



CHAPTER 103, LAWS OF 1884. 

PEOHIBITING BAEB WIRE ABOUND SCHOOL-HOUSES. 

Section 1. It is hereby made the duty of the board of directors 
of every independent district and of every district township, to re- 
move before the first day of September, a. d. 1884, any barb wire 
fence enclosing in whole or part any public school grounds in such 
district, and it is also made the duty of any person owning or con- 
trolling any barbed wire fence within ten feet of any public school 
grounds to remove the same within the time herein above named. 

Sec. 2. Hereafter barb wire shall not be used in enclosing in 
whole or in part any public school building or the grounds upon which 
the same may stand; and no barbed wire shall be used for a fence or 
other purpose within ten feet of any public school ground. 

Sec. 3. For a failure or neglect on the part of any board of 
directors of any independent district, or of any district township to 
carry out the provisions of this act, any member of such board shall 
be fined, on conviction, not exceeding twenty-five dollars, any person 
violating the provisions of this act shall, on conviction thereof, be 
fined not exceeding twenty-five dollars. 



CHAPTER 1, LAWS OF 1886. 

TEACHING AND STUDY OF EFFECTS OF ALCOHOL AND STIMULANTS 
UPON THE HUMAN SYSTEM. 

Section 1. Physiology and hygiene, which must in each division 
of the subject thereof include special reference to the effects of alco- 
holic drinks, stimulants and narcotics upon the human system, shall 
be included in the branches of study now and hereafter required to 

chapter 1, LAWS OF 1886. 

Section 1. (a) The words regularly taught are construed to mean, as 
other branches are taught. 



SCHOOL LAWS OF IOWA. gij 

be regularly taught to and studied by all pupils in common schools 
and in all normal institutes, and normal and industrial schools", and the 
schools at the soldiers' orphans' home and home for indigent child- 
ren. 

Sec. 2. It shall be the duty of all boards of directors of schools 
and of boards of trustees, and of county superintendents in the case 
of normal institutes, to see to the observance of this statute and make 
provision therefor and it is especially enjoined on the county super- 
intendent of each county that he include in his report to the superin- 
tendent of public instruction the manner and extent to which the 
requirements of section one of this act are complied with in the 
schools and institutes under his charge, and the secretary of school 
boards in cities and towns is especially charged with the duty of 
reporting to the superintendent of public instruction as to the obser- 
vance of said section one hereof, in their respective town and city 
schools, and only such schools and educational institutions reporting 
compliance, as above required, shall receive the proportion of school 
funds or allowance of public money to which they would be other- 
wise entitled. 

Sec. 3. The county superintendent shall not after the Ist day of 
July, ISSY^ issue a certificate to any person who has not passed a sat- 

(6) This study must begin in the lowest primary class. In what grade or 
class it shall be completed, is to be determined by the board. 

(c) Primary classes must be instructed orally, as the children are not old 
enough to use or comprehend a book. But this oral instruction must be out- 
lined as a course, and adopted by each board. 

id) The portion assigned to each grade or class should be thoroughly 
mastered before more advanced work is entered upon. 

(e) Teachers should be careful to give instruction in accordance with the 
spirit of the law- Total abstinence should be taught as the only sure way 
to escape the evils arising from the use of alcoholic drinks and tobacco. 

Sec. 2. (a) Boards cannot shift the responsibility by simply providing 
that teachers shall give instruction in this branch. They must see to it 
that the work is actually done by the teachers, as the law requires. 

(6) In normal institutes, efficient and earnest instructors should be em- 
ployed. Charts and other appliances should be amply provided. Physicians 
and scientists may be invited to lecture, and teachers should be exhorted to 
be sincere, fearless, and faithful in the discharge of their duty. 

(c) Blanks will be furnished to scnool officers, from time to time, to enable 
them to make the reports required by this chapter. 

13 



98 SCHOOL LAWS OF IOWA. 

isfactory examination in physiology and hygiene with especial refer- 
ence to the effects of alcoholic drinks, stimulants and narco tics upon 
the human system, and it shall be the duty of the county superintend- 
ent as provided by section 1771, to revoke the certificate of any 
teacher required by law to have a certificate of qualification from the 
county superintendent, if the said teacher shall fail or neglect to 
comply with section one of this act, and said teacher shall be dis- 
qualified for teaching in any public school for one year after such 
revocation, and shall not be permitted to teach without compliance. 



CHAPTER 75, LAWS OF 1886. 

USE OF PUBLIC SQUAEBS FOE SCHOOL PUEPOSKS. 

Section 1. It shall be lawful for the people of any incorpor- 
ated town located wholly within an independent school' district in 
which is situated a public square or plat of ground, deeded or dedi- 
cated to the said town or the public, by the proprietor of the town, 
or of any addition thereof, to transfer or re-dedicate such plat or 
square, to the purpose of a public school-house lot, to be used either 
for the erection thereon of a public school-house, or as school 
grounds, in connection with such school-house. 

Sec. 2. The manner of procedure to effect the change or transfer 
of the purpose for which such lot or square shall be used, as is 
authorized in section 1, of this act, shall be as follows: When a plat 
or lot of the character described in section 1, of this act, is located in 
such incorporated town, and one-half of the resident voters of such 
town, according to the last census thereof, national or state, shall 
petition the mayor and town council of such town, asking said city 
authorities to submit to the voters of the town at a general or special 
election the question whether or not such public square, lot or plat 
shall be transferred, dedicated and used for the purposes of a public 
school-house lot, for the use of the independent district, in which the 
same is situated said mayor and town council shall submit the ques- 
tion to the voters of the town, in accordance with the prayer of said 
petitioners after giving ten days' notice thereof, by written or printed 
notices, in which the proposition submitted, shall be clearly set forth, 
and signed by said mayor, three of which notices shall be posted in 



SCHOOL LAWS OF IOWA. 



99 



public and conspicuous places in the town, and one shall be published 
in the last two issues, preceding such election in a weekly newspaper 
published in the town, or If there be no such newspaper published in 
the town then in the weekly newspaper published elsewhere in the 
county, having the largest circulation in said town. Such notice shall 
state the manner of voting, which shall be by ballot, and substan- 
tially as follows: The ballot shall contain in print, ink or pencil the 
words "For transferring lot or block or square (as the case may be, 
describing it) to the purposes of a public school-house lot," or 
"Against transferring lot or block or square (as the case may be, de- 
scribing it) to the purposes of a school-house lot." And such elec- 
tion shall be held as per notice given and be conducted as ordinary 
town elections are, under the supervision of the town authorities, 
who shall canvass the vote as by law provided in other cases. If it 
shall appear that two-thirds or more, of all the legal votes cast at such 
election, for and against the proposition submitted, have been cast in 
favor of the transfer of such lot or block or square, to the purposes 
of a public school-house lot, then such transfer shall be held to have 
been completed, and the lot or block or square may be appropriated 
and used for the purposes so indicated, by said vote and shall be no 
longer held for any other purpose. If less than two-thirds of the 
votes cast at such election are found to be in favor of the transfer 
then it shall be held that the proposition failed and no transfer shall 
be effected. 



CHAPTER 61, LAWS OF 1888. 

FORMATION OF INDBPBNDENT DISTRICTS. 

Section 1. The snbdistricts of a district township may be con- 
stituted independent districts in the manner hereinafter provided. 

Sko. 2. At the written request of one-third of the legal voters in 
each subdistrict of any district township, the board of directors shall 
call a meeting of the qualified electors of each subdistrict by giving 
at least thirty days' notice thereof by posting three written notices in 
each subdistrict in the township, at which meeting the electors shall 
vote by ballot for or against independent district organization. 



200 SCHOOL LAWS OF IOWA. 

Sec. 3. If a majority of the votes cast in each subdistrict shall 
be favorable to such independent organization then each subdistrict 
shall become an independent district. 

Sbc. 4. The board of directors of the old district township so 
voting shall then call a meeting in each independent district for the 
election of three or more directors, as may be required by law, and 
the organization of the said independent district shall be completed 
and governed in the same manner as other and similar independent 
districts. 



CHAPTER 62, LAWS OF 1888. 

BOUNDARIES OP INDEPENDENT DISTEICTS. 

Section 1. The boundary lines of contiguous independent dis- 
tricts within the same civil township, may be changed by concurrent 
action of the respective boards of directors at their regular meeting 
in September, or at special meetings thereafter called for that pur- 
pose; provided that the district so formed, from which territory has 
been detached, shall not contain less than four government sections 
of land; and provided further that the boundary lines of said dis- 
tricts shall conform to the lines of congressional divisions of land. 

CHAPTER 61, LAWS OF 1888. 

Section 3. The vote upon the change of form may be taken at any time 
of year, but the organization cannot be completed between August and 
January. Section 1804. 

Sec. 4. When the new boards are organized, they should meet as soon as 
possible, and make settlement of assets and liabilities, as directed by sec- 
tion 1715. 



TABLE OF CONTENTS. 



PAGE 

Appeals - 77 

Attendance 58 

Board of Directors is 

Board of Supervisors 53 

Bonds 73 

Boundaries 60 

Changes in Form of Districts 67 

County Auditor 54 

County High Schools 9 

County Superintendent 45 

County Treasurer 55 

District Township Meeting 15 

Formation of Independent Districts 68 

General Provisions 43 

Independent District Election 66 

Miscellaneous 56 

President 31 

School Districts 13 

School-House Sites 75 

Secretary 32 

Session Laws 82 

State University 7 

Subdirector 38 

Subdistrict Meeting 17 

Superintendent of Public Instruction 5 

Taxes 51 

Teachers 41 

Treasurer 36 



BLANK FORMS. 



NUMBER 1. 

Form for Proceedings of District Township Meeting. 

[Section 1717.] 

March ,188.. 

The electors of the district township of , in the county of 

and state of Iowa, assembled at pursuant to previous notice. The 

meeting was called to order by the president at o'clock m. The sec- 
retary being absent, was appointed secretary. 

The order of business was stated by the president. 

On motion of Mr , a tax of dollars was 

voted for school-house purposes. 

Mr moved that a tax of eight hundred dollars be voted 

for the purpose of erecting a school-house in subdistrict No. . . 

Mr moved to amend by striking out "eight hundred 

dollars" and inserting "one thousand dollars," which motion was carried 
and the motion as amended was decided in the affirmative. 

Mr moved to transfer dollars of 

unused school-house fund to teachers' (contingent) fund. Carried. 

Mr moved that the various powers conferred by 

law on the district meeting, which may be delegated to the board of direct- 
ors, be and the same are hereby so delegated. After discussion the vote 
was taken and the motion was adopted. 

On motion of Mr , the meeting adjourned. 



Chairman. 



Secretary. 



Note.— It is essential that the secretary make a full and accurate record 
of the proceedings of the district township meeting, which should be sub- 
mitted to the president for his approval at the close of the meeting, and 
afterwards recorded in the district records, or otherwise preserved. 

These records, together with all certificates of the action of any subdis- 
trict in relation to voting school-house taxes, must be submitted by the sec- 
retary, who is the proper custodian of the records, to the board, at the 
meeting held on the following Monday, to form the basis of their action in 
apportioning and certifying school-house taxes to the board of supervisors. 



2Q4 • BLANK FORMS. 



NUMBER 2. 
Form of Notice for Annual Meeting in Svbdistricts. 
[Section 1718.] 

Notice is hereby given, that a meeting of the qualified electors of sub- 
district No. . . > . . , of the district township of ...,..., in the county of , 

and state of Iowa, will be held at , on the first Monday in March, 

188. ,, at. . . o'clock, for the election of one subdirector, and the transaction 
of such other business as may legally come before it. 

Dated ......188.. 



Subdirector of Subdistrict No. 



Notes.— (a) In case there is no subdirector, the above notice must be 
given by the secretary of the district township. It must be posted five days 
previous to the meeting, in at least three public places in the subdistrict. 
The notice should designate the hour of meeting, which cannot be earlier 
than 9 o'clock A. m. Section 1789. 

(6) When an organized district township is left without officers, or with- 
out a quorum, the above notice for a special election should be posted by the 
township trustees, in at least three public places in each subdistrict, chang- 
ing the time of holding the election to suit the circumstances of the case. 
Section 1714. 



NUMBER 3. 

Fwm of Proceedings of Annual Subdistrict Meeting. 
[Sections 1718, 1719, 1720. J 

March 188.. 

The electors of subdistrict No , of the district township of , 

in the county of , and state of Iowa, met pursuant to previous 

notice. 

was appointed chairman, and secretary of 

the meeting. 

On motion of Mr , the meeting proceeded to the election by 

ballot of one subdirector. 

The chairman announced the result of the ballot to be as follows: 

20 votes were cast for A B; 15 votes for C D; and 10 votes for E F; upon 
■which A B was declared duly elected subdirector for the ensuing year. 



BLANK FOKMS. 



105 



Mr moved that a tax of dollars be voted 

for the erection of a school-house in this subdistrict. 
The motion was lost. 
On motion of Mr the meeting adjourned. 



Chairman. 



Secretary. 



I^^OTES.— (a) If the electors desire to hold a caucus, it should be done be- 
fore the subdistrict meeting is called to order. Only one ballot can be had 
for the election of subdirector, and a plurality will elect. 

(&) The amount voted by the subdistrict must be certified to the next 
regular district township meeting. 

(c) To avoid the levy of taxes upon the subdistrict, the district township 
may simply be requested, by a vote of the electors of the subdistrict, to 
build them a school-house, without asking for a definite amount of money. 



NUMBER 4. 

Form for Certificate of Election of Subdirector. 

[Section 1719.] 

We hereby certify that, at the annual meeting of subdistrict No , 

of the district township of , in the county of ,and 

state of Iowa, held on the first Monday in March, 188. . , was 

duly elected subdirector for said subdistrict. 

Chairman. 



Secretary. 

Notes.— (a) This certificate, slightly varied, will answer in case of the 
election of a subdirector at a special meeting called by the township trus- 
tees. In both cases, it should be presented by the subdirector elect to the 
board of the district township, and filed with the president of said district. 

(&) In case of a tie vote, the fact should be certified in a similar manner 
to that given in the above form, by the oflaoers of the meeting. 



14 



IQQ ALANK FOKMS. 



NUMBER 5. 

Form for Certificate of the Tax Voted hy Subdistrict Meeting. 

[Section 1718, 1778.] 

To , 

Secretary of the board of directors of the district township 

of 

I hereby certify that the electors of subdistrict No , of the district 

township of , in the county of , and state of 

Iowa, at the annual meeting, held on the first Monday in March, 188. . , voted 

a tax of dollars for the erection of a school-house in said 

subdistrict. 



Suhdirector. 

Note.— This certificate may be made either by the suhdirector or by the 
chairman and secretary of the subdistrict meeting. 



NUMBER 6. 

Proposals for the Erection {or Bepair) of a School-house, 

[Section 1723.] 

Notice ig hereby given that proposals for the erection (w repair) of a 

school-house in subdistrict No , In the district township of , 

in the county of , will be received by the undersigned, at his 

office in (where plans and specifications may be seen), until 

1 o'clock p. M., 188. . , at which time the contract will be 

awarded to the lowest responsible bidder. The board reserve the right to 
reject any or all bids. 



Secretary of the Board of Directors. 



BLANK FORMS. IQrj 



I^UMBER 7. 

Form of Contract for Building a Scfvool-Jiause. 

[Section 1723.] 

Contract made and entered into between , , of the 

county of , and state of Iowa, and , in 

behalf of the district township of '. . , in the county 

of , , and state of Iowa, and his successors in oflSce. 

In consideration of the sum of, , dollars, to be paid as hereinafter 

specified, the said hereby agrees to build a 

school-house, and to furnish the material therefor, according to the plans 
and specifications for the erection of said house hereto appended, at 



in said district township. The said house is to be built of the best material, 
in a substantial, workifianlike manner, and to be completed and delivered 

to the said , or his successors in office, free from any 

lien for work done or material furnished, on or before the. day of 

, 188. . And in case the said house is not finished by the time 

herein specified, the said shall forfeit and pay to the said 

, or his successors in office, for the use of said district 

township, the sum of dollars, and shall also be liable 

for all damages that may result to said district township in consequence of 
said failure. 

The said , or his successors in office, in behalf of 

said district township, hereby agrees to pay the said ; the 

sum of dollars when the foundation of said house is finished; 

and the further sum of dollars when the walls are up and 

ready for the roof; and the remaining sum of dollars when 

the said house is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sublet, transferred, or 
assigned without the consent of both parties. 

Witness our hands this. day of , 188. . 



Contractor. 



President. 



108 



BLANK FOKMS. 



This is to certify that the foregoing contract was approved by the board 

of directors of the district township of , in the county of 

, and state of Iowa, this day of 188.. 



President. 
1 

Secretary. 

Notes.— (a) The law requires the board to make all contracts necessary 
to carry out any vote of the district, and the president of the district to 
sign all contracts made by the board. Section 1739. Contracts must, in all 
cases, be made according to the instructions and directions of the board, 
and after being made they should be approved by the board before any work 
is done. 

(b) In building a school-house, it is important to secure plans of the 
building, with full specifications as to its dimensions, style of architecture, 
numbe f^ and size of windows and doors, quality of materials to be used, what 
kind of roof, number of coats of paint, of what material the foundation 
shall be constructed, its depth below and its height above the surface of the 
ground, the number and style of chimneys and flues, the provisions for ven- 
tilation, the number of coats of plastering and style of finish, and all other 
items in detail that may be deem?! necessary. The plans and specifications 
should be attached to the contract, and the whole filed with the secretary of 
the district township. 



NUMBER, 8, 

Form of Bond for Performance of Contract, 

[Section 1723.] 

Know all Men by these Presents: That we, , as prin- 
cipal, and and as sureties, of 

the county of and state of Iowa, are held and firmly 

bound unto the district township of — , in the county of 

, and state of Iowa, in the penal sum of dollars, 

for the payment of which, well and truly bo be made, we bind ourselves, 
our heirs, administrators and assigns, jointly, severally and firmly by these 
presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

, as president of the board of directors of the district township of 

, in the county of , and state of Iowa, 

and his successors in office, for the erection and completion of a school-house 



BLANK FORMS. ]^Q9 

in said subdistrict, by the day of , 188. . , according 

to the plans and specifications for the construction of said house appended 
to said contract. 

Now, therefore, if the said shall faithfully and fully 

comply with all the stipulations of said contract, then this obligation shall 
be void, otherwise remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names this 

day of ,188.. 



Principal. 



Sureties. 



NUMBER 9. 

Form for Certificate of Appointment of School Officers. 

[Section 1730.] 

,188.. 

To : 

You are hereby notified that, at a meeting of the board of directors of the 

district|township^of , in the county of , 

and state of Iowa, held on the day of , , 188. . , you were 

duly appointed {here name the office), in and for said district township, to 
fill the vacancy occasioned by the {here state the cause of the vacancy) of 



Secretary of the Board of Directors. 



Note — For the appointment of subdirector, insert in the above form the 
words subdistrictZnumier of immediately after the word /or. 



2]^0 BLANK FORMS. 



NUMBER 10. 

Form for Bond of Secretary or Ireasurer. 

[Section 1731.] 

Know all Men by these Presents: That I, as principal, 

and and as sureties of 

the district township of , in the county of , 

and state of Iowa, are held and firmly bound unto the district township 

of , in the said county and state, in the penal sum of 

dollars, to be paid to the said district township of 

, for which payment, well and truly to be made, we bind 

ourselves, our heirs, executors and administrators firmly by these presents. 

The condition of the above obligation is such that if the above bounden 
, shall well and truly fulfill the duties of secre- 
tary (or treasurer) in the district township of . , , and county 

of , and state of Iowa, to the best of his ability, 

according to law, then the above obligation to be void, otherwise to remain 
in full force and action in law. 

In testimony whereof we have hereunto subscribed our names this 

day of 188.. 



Principal. 



Sureties. 



State of Iowa, ) „„ 
county. ) ■ 



I^ , do solemnly swear (or affirm) that I will sup- 
port the constitution of the United States, and the constitution of the state 
of Iowa, and that I will faithfully and impartially discharge the duties of 

secretary (or treasurer) of the district township of , in the county of 

, , and state of Iowa, according to law and as provided by the con- 
dition of my bond above written. 



Subscribed and sworn to before me by the above named. 

this .....day of , A. D. 188.. 

In testimony whereof witness my hand and official seal. 



Notary Public. 



[seal.] 



BLANK FOKMS. Ill 



State of Iowa, )„„ 
county. P^- 



I, , being duly sworn, depose and say that 

I am a resident freeholder of the state of Iowa, and am worth the sum of 

dollars beyond the sum of my debts, and have 

property liable to execution in this state equal to the sum of 

dollars. 



Subscribed and sworn to before me by the above named. 

this day of , A. D. 188. . 

In testimony whereof witness my hand and official seal. 



[seal.] Notary Public. 

Notes— (a) See section 1731, notes. 

(6) The aggregate amount to which the sureties are required to qualify, 
is double the amount of the bond required. Section 249, Code. 



NUMBER 11. 

Form of Certificate for Election of the Officers of the Board, to the County 
Superintendent, Auditor, and treasurer. 

[Section 1736.] 

I hereby certify that at a meeting of the board of directors of the district 

township of , held on the day of 

, 188 . . , the following named officers were elected and have 

duly qualified according to law: 

, to the office of ., P. O. Address 

, to the office of ■,.., P. O. Address 

Dated at , 188 . . 



Secretary. 

Note.— All the officers of the board, in addition to the oath which they 
may have taken as members, must take the oath of office as prescribed by 
section 5, article 11, of the constitution. 



1-^2 BLANK FORMS. 



NUMBER 12. 

Farm of Draft on the County Ireasury. 

[Sections 1739, 1785.] 

To , County Treasurer: 

Pay to , treasurer of the district township 

of , in the county of , 

and state of Iowa, dollars school-house fund, 

dollars contingent fund, and dollars teachers' fund, being the 

amount of taxes collected and due this district, for the quarter ending on the 

first Monday of , as shown by your notice of , 

188.. 



President. 



« Secretary. 

NOTK.— Whenever a draft is drawn on the county treasury, it is the duty 
of the secretary to charge the district treasurer with the amount named in 
the draft, keeping a separate account with each fund. Section 1782. 



NUMBER 13. 

Form of Order on District Ireasury. 

[Section 1739.] 

,18., 



To. , treasurer of the district township of 

Pay to , or order, the sum of dollars 

from the (Ziere state the fund) fund for [here state the object for which drawn). 



President. 



Secretary. 



Note.— No order shall be drawn on the district treasury, until the claim 
for which it is drawn has been audited and allowed. Section 1733. 

All orders drawn on the district treasury should be registered by the sec- 
retary as per form 16. 



BLANK FORMS. -^^^ 



NUMBER 14. 
Form of Lease. 
[Section 1739.] 

Know all men by these presents : That , of the county of 

, and state of Iowa, for the consideration hereinafter 

mentioned, does hereby lease unto , president 

of the board of directors of the district township of , in the 

county of , and state of Iowa, or his successor in office, 

for the use of said district township for school purposes, the following de- 
scribed premises, situated in the county and state aforesaid, to-wit: {Here 
describe the home and lot or parcel of ground)^ together with all the privileges 

thereto belonging, for the term of months from the 

day of ,188.. 

The said , president as aforesaid, or his successor 

in office, hereby agrees to pay the said , for the use of 

said premises the monthly rate of dollars, to be paid at the expi- 
ration of this lease. 

In testimony whereof, we have hereunto subscribed our names this 

day of ,188.. 

Signed in duplicate. , 



President. 

Note— As a matter of safety, the above lease should be executed in du- 
plicate, one to be held by the secretary of the board, and the other by the 
lessor. The lease should be approved by the board, as in case of a contract, 
and should be filed with the secretary. 



NUMBER 15. 

Form of Deed. 

[Section 1739.] 

Know all men by these Presents: That we, and 

, h , of the county of ^ 

and state of Iowa, in consideration of the sum of dollars 

in hand paid, do hereby sell and convey unto the district township of 

> in tbe county of , and state of Iowa, 

15 



^1^ BLANK FORMS. 

the following described premises, situate in the county of , and 

state of Iowa, to- wit: [Here describe the premises.) 

And we do hereby covenant with the said district township that we are 
lawfully seized of said premises; that they are free from incumbrance; that 
we have good right and lawful authority to sell the same; and we do hereby 
covenant to warrant and defend the title to the said premises against the 
lawful claims of ail persons whomsoever. 

Signed this day of , 188. . 



State of Iowa, )„„ 
county, j " 

On this: day of , A. D. 188. . , before 

me, a notary public in and for said county, personally came 

and , h , personally to me known to be the identical 

persons whose names are affixed to the above deed as grantors, and acknowl- 
edged the same to be their voluntary act and deed, for the purposes therein 
expressed. 

Witness my hand and notarial seal this day 

[L s.] of ,188.. 



Notary Public. 

Notes.— (a) In purchasing the grounds for school-house purposes, the 
president should require an abstract of title and satisfy himself that the 
property is free from incumbrance. Let the property in all cases be con- 
veyed to the district in its corporate name. The deed should be filed with 
the president. 

(&) In case of the donation of school-house site, the following reversion- 
ary clause may be appended to the deed: Provided, that if, for the space of 
two consecutive years said premises shall cease to be used for school purposes, 
the same shall revert to the original donor; his heirs or assigns, without legal hin- 
derance or expense. 

(c) Since, by section 1827, the receipt of the treasurer for the money de- 
posited with him, for the owner of the land, may be the only evidence of 
title, such receipt should have a full description of the property, contain 
the proviso of note (b) of this form with this addition, upon the repayment of 
the principal amount paid by the district, without interest, together with the value 
of any improvements thereon made by the district, and the receipt should be re- 
corded by the county recorder. 



BLANK FORMS. 



115 



NUMBER 16. 

ISection 1741.] 

Form of Order Begister of Secretary and Treasurer, 











'6 
















TS 












^-1 


a 


S 

DQ Pi 




DATE. 


IN "WHOSE FAVOK 
DRAWN. 


FOR WHAT PURPOSE 


O rt 


(X) a 










bCl3 


S P 










-i O 


p o 


S o 










xa 


5a 


-^a 


o 















April 7, 188 
April 7, 188 
April 7, 188 
May 10, 188 
May 14, 188 



John Smith .... 
A. J. Adams . . . 
Joel B. Young. . 
Thos. Harrison 
Sarah Johnson. 



Teaching school 

Rep. on S.-house . . . 

Fuel 

Erection of S.-house 
Teaching school — 



15.00 
125.00 



5.00 



$45.00 



63.74 



Note.— The law requires both the secretary and treasurer to keep a regis- 
ter of all orders drawn on the district treasury, containing a record of each 
item enumerated in the above form. 

Whenever orders are drawn, the secretary should register them and fur- 
nish the treasurer with a transcript of the same to place upon his register. 

Whenever partial payment is made, the treasurer should indorse the pay- 
ment on the order and take a receipt for the amount paid. When paid in 
full, the order should, in all cases, be indorsed by the person presenting it, 
and left with the treasurer. It is then a voucher for the amount paid. 



IIQ BLANK FOEMS. 



NUMBER 17. 

Form of Notice of District Township Meeting. 

[Section 1742 ] 

Notice is hereby given to the qualified electors of the district township of. 

, in the county of , and state of Iowa, that 

the annual meeting of said district will be held at , on 

the second Monday in March, 188, ., at . . o'clock, . . m., for the transaction 
of such business as may legally come before it. 

• • 1 

Secretary. 
Dated, ,188.. 

Notes.— (a) The above notice must be posted in five different conspicuous 
places in the district and a copy of the same furnished to the teacher of each 
school in session to^be read to the pupils thereof. In independent districts, 
insert immediately after the word /or, in the concluding part of the notice, 
the words thejeUction of officers and in accordance with the provisions of sec- 
tions 1807, 1808, and section 4, chapter 8, laws of 1880. 

(b) The'same notice may be given for the extra meetings provided for in 
sections 1717i and 1822,'changing the time of holding the election to suit the 
circumstances of the case. 



BLANK rOEMS. 



117 



NUMBER 18. 

[Section 1745.] 

Report of the Secretary of District of . 

for the Year Ending September . . , 188. . 



DIS- 
TRIC'8. 


SCHOOLS. 


TEACHERS. 


PUPILS. 


SCHOOL- 
HOUSES. 


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* Leave these totals blank. 



118 



BLANK FOKMS. 
STATISTICS OF BLIND AND DEAF AND DUMB. 



NAME. 


AGE. 


NATURE OF 
DEFECT. 


NAME OF PAR- 
ENT. 


P. O. ADDRESS. 



















































































I hereby certify that the foregoing report is correct. 
post-office, September , 188. 



Secretary. 



Notes— (a) At the regular meeting in September, call the attention of 
your board to section 690, Code, which directs them to settle in full with the 
treasurer, and require him to account for and produce all funds and property 
under his control. The fact that the treasurer hae made a complete settle- 
ment, and that he is in possession of the funds, should be indorsed on the 
new bond. This will furnish the legal proof that the treasurer has the funds 
in his possession. 

(6) Two or more terms taught in the same school-house, the same year,^ 
constitute but one school. 

(c) Express all fractions decimally; omit cents in the valuation of school- 
houses and apparatus. 

(d) To find the average daily attendance in the district, divide the sum of the 
total attendance in days, as shown by the register of the teacher or teachers, 
by the number of days the school has been taught. 

(e) To find the average cost of tuition per month for each pupil, divide the 
total amount paid teachers by the number of months, and this quotient by 
the average daily attendance. 

(/) The average compensation per month averages between winter and 
summer schools, or of all the teachers of the same grade employed in a given 
district. 

ig) Secretaries must file their reports with the county superintendent im- 
mediately after the meeting of the board, on the third Monday in September. 



BLANK FORMS. 



119 



NUMBER 19. 
Form for the Treasurer'' s Account with the Teachers' Fund. 

[Sections 1747, 1748.] 
, Tbeasureb, in account with Teachers'' Fund. Dr. 



Sept. 28,188., 

Oct. 5, 188. , 
Jan. 4,188., 
April 5, 188. , 
April 5, 188., 

July 5,188., 



To cash received of County Treasurer, semi-annual 
apportionment 

To cash received of County Treasurer, district tax. . 

To cash received of County Treasurer, district tax, . . 

To cash received of County Treasurer, district tax . . 

To cash received of County Treasurer, semi-annual 
apportionment 

To cash received of County Treasurer, district tax . . 



$ 270.00 

75.00 

150.00 

197.00 

135 00 
100 00 



., Treasurer, in account with Teachers^ Fund, 



Cr. 



Oct. 


13,188.. 


Oct. 


13,188.. 


Nov. 


14,188.. 


May 


3, 188. . 


May 


4, 188. . 


May 


4, 188, . 


May 


5, 188. . 



By cash paid James Hogan, on order No. 1 . . . 

By cash paid Sarah Smith, on order No. 3 

By cash paid Nicholas Hoover, on order No. 4 
By cash paid Louisa Martin, on order No. 7. . . 
By cash paid Jas. M. Higgins, on order No. 10 
By cash paid Stephen Phelps, on order No. il. 
By cash paid Amelia Mason, on order No. 13. . 



$ 136.00 

89.00 

135 00 

82.00 

115 00 

175.00 

95.00 



Note. — A similar account is to be kept with the school-house fund and 
contingent fund, and a statement of the condition of any fund is to be ren- 
dered at any time when required by the board. By keeping a correct ac- 
count of the orders, as per form 16, the treasurer will know the amount out- 
standing, and can readily determine what per cent on each he can pay with 
the funds on hand. 

The above form is intended for separate pages opposite each other. 



120 



BLANK FOKMS. 



NUMBER 20. 
[Section 1751.] 
Beport of th£ Treasurer of the District 



of i , , for the year ending September , 188. . 

Dr. school-house FUND. CR. 



On hand at last report 

Eeceived from district tax. . . 
Received from other sources. 



Total 



Paid for school-houses and 

sites 

Paid on bonds and interest . . . 
Paid for library and apparatus 
Transferred to other funds . . . 

Paid for other purposes 

On hand 



Total 



$, 



Dr. 



CONTINGENT FUND. 



Cr. 



On hand at last report 

Received from district tax — 
Received by transfer from 

school- house fund 

Received from other sources, , 



Total 



Paid for fuel, rent and repairs 
of school-houses 

Paid secretary and treasurer. . 

Paid for records, dictionaries, 
and apparatus 

Paid for insurance and jani- 
tors 

Paid for brooms, chalk and 
other supplies 

Paid for other purposes 

On hand 



Total 



Dr. 



teachers' fund. 



Cr. 



On hand at last report 

Received from district tax — 
Received from semi-annual 

apportionment 

Received by transfer from 

school-house fund 

Received from other sources. . 



Total 



Paid teachers since last report. 
Paid other districts for tuition. 

Paid for other purposes 

On hand 



Total 



I hereby certify that the foregoing report is correct. 
post-oflace, September , 188. , 



., Treasurer . 



BLANK FOEMS. 221 

Note.— (a) The totals of the debit and credit columns in each fund 
MUST, IN ALL CASES, BE EQUAL; the report should exhibit the exact 
amounts received and paid out by the district since the date of last report. 
Unpaid orders are not to be reported. 

(&) The amount on hand at last report must be identical with the amount 
reported on hand in your last report to the county superintendent. 

(c) The treasurer is required to make a full report to the board, at the ex- 
piration of his term of oflfice on the third Monday of September, and to file a 
copy of the same immediately with the county superintendent. Section 
1751 and notes. 

{d) The report must be made in the identical items printed on this blank. 
An y deviation or interlining simply causes the county superintendent the 
trouble of condensing. Itemize fully, and take pride in making paid for 
other purposes as small as possible. 

(e) The report made to the county superintendent should be identical 
with the final report for a full year made by the treasurer to the board at 
their meeting on the third Monday in September. 



NUMBEE 21. 

Form of Contract between Suhdirector {or Secretary), and Teacher. 

[Sections 1 753, 1757, 1758.1 

This contract, between , , of county, 

Iowa, and , subdirector of subdistrict Ko. 

of the district township of , in the county of 

and state of Iowa, witnesseth: 

That the said , agrees to teach the public schools in said 

subdistrict for the term of weeks, commencing on the 

day of , 188. . , and well and faithfully to perform the duties 

of teacher in said school, according to law, and the rules legally established 
for the goverimient therof, including the exercise of due diligence in the 
preservation of school buildings, grounds, furniture, apparatus, and other 
school property. 

In consideration of said services, the said , as subdirector 

aforesaid, in behalf of said district township, agrees to pay the said 

, the sum of dollars per school month, at the 

end of , and to perform all the duties required by law as 

such subdirector. 



16 



222 BLANK FOKMS. 

Witness our hands this day of , A. D. 188. 

■ ••■• ■ 1 

Teacher. 



Subdirector. 

The within contract is hereby approved this day of , A. D. 188. . 

...., 

President. 

Note— With a little variation the above form will answer for independ- 
ent districts. The subdirector should file the contract with the president 
and secure his approval before the teacher enters upon his duties. The pres- 
ident cannot withhold his approval, unless there has been a violation of law, 
or the instructions of the board have been disregarded. 



NUMBER 22. 
Form fwr List of Heads of Families and Children, to be kept by Subdirectora. 

[Section 1754.1 



PARENTS OR GUARDIANS. 


NAMES OF CHILDREN. 


SEX. 


AGE. 


John Smith 


Peter Smith 


Male 

Female . . . 

Male 

Male 

Male 


12 years. 




Eliza Smith 


10 years. 


James Jones 


William Jones 


15 years. 


Anna Byron 


Charles Peters, (ward). 
James Byron 


13 years. 
20 years. 



Note— The above list should be recorded in a book, and carefully pre- 
served with the records of the subdistrict, from this record the subdirector 
will be able to make his annual report to the district secretary, as required 
by section 1755. 



BLANK FORMS. 



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BLANK FOKMS. 



Note.— The board should supply each school-room in the district with a 
bound copy of school register. 

In the above form, E indicates the date of the pupil's entrance; \, absence 
in the forenoon; / , absence in the afternoon; 20, twenty minutes late in 
forenoon; lOe, ten minutes late afternoon, excused. The absence of marks 
indicates that the pupil was present the entire day. Absence at roll-call is 
indicated by a dot, which is afterward changed to figures, or a diagonal 
mark, as the circumstances require; * indicates branch studied. 



NUMBER, 24. 

[Section 1760.] 

Form for Teacher's Term Beport, to District Secretary. 

Teacher's report to the district secretary of the school taught in subdis- 

trict No , of the district township of , 

county, Iowa, for the term commencing , 188. . 



MALES. 



FEMALES. 



TOTAL. 



Whole number of pupils enrolled 

Average number belonging 

Total attendance in days 

Average daily attendance 

Total number of days absent. 

Number of cases of tardiness 

Number neither absent nor tardy 

Number studying orthography 

Number studying reading 

Number studying writing 

Number studying arithmetic 

Number studying geography 

Number studying grammar 

Number studying physiology 

Number studying United States history 

Number studying eflects of stimulants, etc. 



Whole number of days taught 

Compensation of teacher per month 

Average cost of tuition per month, for each pupil 
I hereby certify that the above report is correct. 



Teacher. 

Notes.— (a) The number belonging on any day is equal to the number 
enrolled less the number who have been absent more than three consecu- 



BLANK FOKMS. 



125 



tive whole days. To obtain the average number belonging for the term, 
divide the sum of the numbers belonging for each day by the number of days 
the school has been taught. 

(6) To find the average daily attendance, divide the total attendance in 
days by the number of days the school has been taught. 

(c) To find the average cost of tuition for each pupil per month, divide 
the amount paid the teacher per month by the average daily attendance for 
the term. 

The above form may also serve for a monthly report to the county super- 
intendent, in case he requests it. 



NUMBER 25. 

Form of Teacher^s Certificate, 

[Sections 1766, 1767.] 

TEACHER'S CLASS CERTIFICATE. 

Office of County Superintendent, 

county. Iowa 

188 



va, t 



This certifies that has passed an examination, 

as required by law, with the results hereto appended, and that 

possesses a good moral character, aptness to teach and ability to govern. 

I hereby authorize to teach in the public schools of 

county for a period of months from the date of this certifi- 
cate. 

Per cent. Per cent. 

Orthography U. S. History 

Reading Effects of stimulants, etc 

Writing Theory of teaching . , 

Arithmetic Practice of teaching 

Geography 

Grammar , 

Physiology 

^o 

County Superintendent. 

Note.— This certificate is valid only in the county where granted. 



126 



BLAI^K FOKMS. 



NUMBER 26. 
F(yrm for Monthly Beport of Institute Fund. 

[Section 1769.] 

Monthly Report of Institute Fund. 

Received from examination fees, for the montli of , and 

paid to the treasurer of county, Iowa, as required by 

Chapter 57, Laws of 1874, as amended by Chapter 54, Laws of 1878. 





NAME OF APPLICANT. 


AMOUNT 
RECEIVED. 




NAME OF APPLICANT. 


AMOUNT 
RECEIVED. 


1 




$ 




27 
28 
29 
30 
31 
32 
33 
34 
35 




$ 




2 














3 














1 














5 


























7 












8 

9 
10 
































36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 








11 














1^ 














13 








14 














15 














16 














17 














1^ 














19 














20 














"1 














22 














23 














24 














25 








51 

52 








26 






















Total 























I certify that that the above report is correct. 
, Iowa. 



County Superintendent. 



.1, 188. 



Notes.— (a) The monthly report and payment of institute fund required 
by section 1769 should be made on the first day of each month. 

(&) By section 1769, one dollar must be paid by every applicant for a cer- 
tificate. 



BLANK FOEMS. 



NUMBEE 27. 

Form for Beceipt of Institute Fund. 

[Section 1769.] 



127 



RECEiVBD OF , Superintendent 

of schools county, Iowa,. dollars 

institute fund. 



. ., Iowa. , 

1,188.. County Treasurer. 



NUMBER 28. 

Form of Application for Teachers'' Normal Institute. 

[Section 1769, also 1584, Code.] 

Office of County Superintendent, ) 
..county, 188.. j 

To the Superintendent of Public Instruction: 

From satisfactory evidence on file in this ofllce, I hereby certify that not 

less than twenty teachers desire to assemble at , 

county, Iowa, on the day of , 

188. .. for the purpose of holding a teachers' normal institute, to remain in 
session for a period of weeks. 

I shall act as director, and have appointed, subject to your approval, .... 

conductor, 

and , ,, , assistants 

and hereby request your concurrence in said appointments. 



County Superintendent. 



128 



BLANK FORMS. 



NUMBER 29. 

Form for Beport of Begistration Fees, Institute Fund. 

[Section 1769.] 

Eepoet of Institute Fqnd. 

Received from registration fees of normal institute, held at , 

commencing , 188, . , for a period of weeks, 

and paid to the treasurer of county, Iowa, as required 

by Chapter 57, Laws of 1874. 





NAME OF TEACHER. 


AMOUNT 
RECEIVED. 




NAME OF TEACHER. 


AMOUNT 
RECEIVED. 


1 




$ 




27 
28 
29 
30 
31 
32 
33 
34 




$ 




2 














3 














4 














5 














Q 














7 














8 














o 














in 








36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 








11 














12 












13 














11 














Ifi 














16 














17 














18 














19 














90 














?1 














'^2 














23 














21 














2t 














26 








State appropriation 
Total 














% 


















I hereby certify that the above report is correct. 



County Superintendent. 



., Iowa, 

.,188.. 



BLANK FOEMS. ]^29 



NUMBER 30. 

Form of Order on Institute Fund. 

[Section 1769 ] 

Office of County Superintendent, 

$ county, , 188.. 

I'o , Treasurer of. county: 

Pay to , or order, dollars out of 

the institute fund, for , as per bill No 

approved this day, as required by law, and on file in my office. 

No , 

County Superintendent. 

Note.— The county superintendent must pay to the county treasurer all 
moneys received for the institute fund, including the warrant for the state 
appropriation. He should not issue warrants for a greater amount than the 
funds in the hands of the county treasurer will pay off and satisfy. 



NUMBER 31. 

Form for Report of 2 eachers^ Normal Institute. 

[Section 1769.] 

Report of Teachers' Normal Institute held at , 

county, commencing on the day of 

, 188.., and continuing weeks. 



INSTKUCTORS AND LECTURERS. 



TEACHERS. 



Conductor, 
.instructor. 



LECTURERS. 



17 



130 



BLANK FOKMS. 
ATTENDANCE. 



Whole number enrolled . . 
Total average attendance. 



MALES. 



FEMALES. 



TOTAL. 



Db. 



INSTITUTE FUND. 



Cb. 



On hand at date of last insti- 
tute report 

Examination fees received and 
paid to county treasurer — 

Registration fees received and 
paid to county treasurer. . . 

State appropriation received 
and paid to county treasurer 

County appropriation received 
and paid to county treasurer 



Total , 



INSTEUCTOBS 
AND LBCTUBEES. 



O 

Orders issued for incidental 

expenses 

Unexpended 



Total. 



I hereby certify that the above report is correct. 



County SuperintendenL 

KoTE.— The report of the institute fund should shovr the total receipts 
and expenditures since the date of the last institute report. The debit col- 
umn should contain the amount on hand as shown by the last institute re- 
port, plus all subsequent receipts. The credit column should contain the 
total amount expended since date of last report, plus amount on hand at 
date of present report. 

The examination fees must be equal to as many dollars as there are appli- 
cants for certificates. 

The registration fees must equal the whole number enrolled. 

Give the total incidental expenses, making but one entry. 

The totals in the debit and credit columns should in all cases be equal. 

A duplicate of this report will be required as part of the annual report of 
the county superintendent; it is, therefore, necessary that county superin- 
tendents preserve the items to make this report. 



BLA.NK FORMS. ^^l 



NUMBER 32. 

Form for Bevocation of Teacher^s Certificate. 
[Section 1771.] 

Office of County Superintendent, 

county, , 188. . 

To the Boards of School Directors in the county of , and 

State of Iowa: 

Whereas, On tiie day of , 188.,, a certificate 

was issued authorizing to teach in the public 

schools of this county; and, 

Whereas, Upon due examination, of which the said 

received personal notice, and was permitted to be present and make 

defense, it appeared that the said in consequence of 

{here state the offense — gross immorality, for example), is unworthy longer to 
retain the same. 

Now, therefore, in pursuance of the provisions of section 1771, of the 
school laws of the state of Iowa, the said certificate is hereby revoked, to 
take effect from and after the date hereof. 



County Superintendent. 



Note.— A copy of the above revocation should be transmitted to the sec- 
retary of ^each district, and the secretary should immediately/notify each 
subdirector in his district of the fact. The teacher should also be served 
with a copy. 



NUMBER 33. 

Form for Certificate to the Board of Supervisors of the Tax Determined by the 

Board of Directors. 

[Section 1777.1 

,188.. 

lo the Board of Supervisors of county: 

I hereby certify that a tax of dollars was this day deter- 
mined by the board of directors of the district township of , 

in the county of , and state of Iowa, for the contingent 

fund, and dollars for the teachers' fund, as provided 

in section.1777 of the Code. 

• » 

Secretary. 



132 



BLANK FORMS. 



NUMBER 34. 



Fwm of Certificate to the Board of Supervisors of lax Voted by the District 

Township. 

[Sections 1777, 1778.] 

,188.. 

To the Board of Supervisors of t county, Iowa: 

I hereby certify that at a meeting of the electors of the district township 

of.. , in the county of , and state of Iowa, 

held on the second Monday in March, 188. . , a tax of dollars was 

voted for school-house purposes; and that this tax has been apportioned by 
the board of directors among the subdistricts as follows: 

Upon subdistrict No. 1, '. dollars. 

Upon subdistrict No. 2, dollars. 

Upon subdistrict No. 3, dollars. 

Upon subdistrict No. 4, dollars. 

Upon subdistrict No. 5, dollars. 



Secretary. 

Note.— All school-house taxes voted by the district township electors, 
must be apportioned among the subdistricts. Section 1778. 



NUMBER 35. 

Form for Certificate of Tax Voted iy a Subdistrict, and not Granted by the 
.District Township Electors. 

[Section 1778.] 

I hereby certify that the electors of subdistrict No. in the district 

township of , at the last annual meeting, voted to raise 

the sum of dollars, for school-house purposes, more than was 

granted by the electors of said district township. 

> 

Secretary. 
,188.. 

Note.— The subdistrict electors may vote a tax for school-house purposes 
and certify the same to the district township meeting. Form 5. Whatever 
portion of this sum the township electors neglect or refuse to grant, must 
be certified to the board of supervisors to be levied directly upon the sub- 
district making the request. Section 1778. 



BLA.NK FORMS. ]^33 



NUMBER 36. 

Fwm for Notice from the County Auditor of the Amount of Semi-annual Ap- 
portionment. 

fSection 1782.] 

Office of County Auditor, 

county, , 188. . 

2o 

President of the District Township of. 

Sir;— You are hereby notified that according to the semi-annual appor- 
tionment made this day, as provided by section 1781, Code, the sum of 

dollars is due the district township of , in the county 

of , and state of Iowa, for which I hand you here- 
with my warrant on the county treasurer. 



County Auditor. 

Note.— This warrant must be signed by the president and countersigned 
by the secretary of the board, to authorize payment of the amount named 
therein upon presentation by the district treasurer. 



NUMBER 37. 

Form of Certificate of Election of County Superintendent, 

I 

[Section 178S.] 

Office of the County Auditor, 

county, ,188.. 

I hereby certify that was elected to the oflSce of 

county superintendent, for the term commencing January ,188. . 

His post-oflSce address is , Iowa. 



County Auditor. 

Note. — This certificate should be forwarded to the superintendent of pub- 
lic instruction immediately after the result of the election is officially deter- 
mined. 



][34 BLAKK FORMS. 



NUMBER 38. 

Form for Certificate of Qualification of County Superintendent. 

[Section 1783.] 

Officb of County Auditor, 

county, , IBS. . 

I hereby certify that has duly qualified for the 

office of county superintendent, as required by sections 675 and 678, Code, for 

the term commencing January , , 188. . 

His post-office address is , Iowa. 



County Auditor. 

Note.— This certificate should be forwarded to' the superintendent of pub- 
lic instruction as soon as the qualification and bond is filed in the office of 
the county auditor, after such bond has been approved by the board of 
supervisors. *■ 



NUMBER 39. 

Form for Notice from County IHasurer of School lax Collected. 

[Section 1785] 

Office of County Tbeasurer, 

county, , 188.. " 

2o , President of the Board of Directors of the 

District lownship of : 

Yon are hereby notified that the amount now collected and due the dis- 
trict township of , in county^ 

Iowa, is: 

$ school-house fund. 

$ contingent fund. 

$ teachers' fund. 



County Ireasurer. 

Note.— It is the duty of the county treasurer to notify the president of the 

board of each district, quarterly, of the amount collected for each school 
fund and pay it to the district treasurers on the warrant of the presidents, 

countersigned by the secretaries. 



BLANK FOEMS. 



135 



On the first Monday in April of each year, the county treasurer also ren- 
ders a statement of the amount of taxes uncollected in each district town- 
ship. Section 1784. 

The treasurer is required to pay over the amount of each fund collected, 
monthly, to independent districts, on the order of the board. 



NUMBER 40. 

Fwm of Notice Permitting the Attendance of , Pupils from Adjoining Districts. 

[Section 1793.] 

Tt> , Secretary of the Board of Directors of the 

District lownship of. : 

Notice is hereby given that 

and , pupils residing in the district township of 

, have been granted permission by the board and 

county superintendent to attend school in subdistrict No , in the dis- 
trict township of , commencing on the 

day of , 188.., for a term of months. 

Dated at ..., 

188.. , 

President. 



Secretary. 

Note.— By section 1793, when boards cannot agree on the attendance of 
scholars in adjoining districts, they may attend, if the other conditions of 
the law are fulfilled, by permission of the board where they wish to attend, 
and the consent of the county superintendent of the county where they re- 
side, but tuition can be collected only from date of the oflScial notice. 



NUMBER 41. 

Form of Application for Appointment of Appraisers of School-house Site. 
[Section 1827.] 

2o , Superintendent of cminty, Iowa: 

In accordance with the action of the board of directors of the district town- 
ship of , you are hereby requested to appoint 

three disinterested persons to inspect, and assess the damages which the 



136 



BLANK FORMS. 



owner will sustain by appropriating for school purposes, the following de- 
scribed real estate, viz : 



Dated at 

,188. 



President. 
Secretary. 



NUMBER 42. 
Form far Appointment of Appraisers of Site for School- hmise. 
[Section 1827.] 
To , and 



You are hereby appointed and constituted a board of appraisers, under 
the provisions of section 1827 of the Code of Iowa, to assess the damages 
which the owner will sustain by the appropriation for school purposes, of 
the following described real estate, viz : , 



in subdistrict No , of the district township of , 

in the county of , and state of Iowa, contain- 
ing one acre of land. 

You will therefore, on the .day of , 188. . , 

at o'clock M., proceed to examine the real estate above described, 

and assess, under oath, the cash damages which the owner will sustain by 
the appropriation of said land for school purposes, and immediately there- 
after report to me in writing the amount of said damages. 

Dated at , 

188.. , 

County Superintendent. 

Oath of Appraisers. 

We, , and , 

do solemnly swear that we will well and truly, and to the best of our ability 
perform all of the duties imposed upon us by the foregoing commission. 



BLANK FORMS. Igrj 



Subscribed and sworn to before me by 

and , this day of , 188 



Note.— SuflScient time must be allowed between the appointment of this 
commission and the time set for appraising the damages to give the owner 
legal notice thereof. See note (a) to section 1827. 



NUMBER 43. 

Form of Notice to Owner of Beal Estate of Appointment of Appraisers. 

[Section 1827.1 

To , , county, Iowa: 

You are hereby notified that I have this day appointed appraisers to assess 
the damages which the owner will sustain by the appropriation for school 
purposes, of the following described real estate, viz. : 



Said appraisers will meet at the above described real estate, on the day 

of ..., 188.., at o'clock .. M., and assess said damages as 

provided by section 1827 of the Code of Iowa. 

Dated at , 

188.. 



County Superintendent. 



18 



138 



BLA.NK FORMS. 



NUMBER 44. 

Formfw Beport of Appraisement of Property for School Purposes. 

[Section 1827.] 

To , Superintendent of county, Iowa: 

We, the undersigned, having been appointed to appraise the damages 
which the owner will sustain by the appropriation, for school purposes, of 
the following described real estate, viz.: 



do hereby report that we have on this day of , 188. . , 

carefully examined said described real estate, and have appraised the dam- 
ages at dollars. 

Dated at , 

,188.. 



> Appraisers. 



NUMBEE 45. 

Form of Notice of Assessment of Damages. 

[Section 1827.] 

To , , county, Iowa: 

You are hereby notified that appraisers were appointed to assess the dam- 
ages which the owner would sustain by the appropriation for school pur- 
poses, of the following described real estate, viz. : 



and that said appraisers met at said premises on the day of , 

188. . , and assessed said damages at — dollars, as shown by their 

report on file in my ofiice. 

Dated at , 

." ,188.. 



County Superintendent. 



State of Iowa, 



county, 



BLANK FOKMS. ^39 



NUMBER 46. 

Form of Affidavit of Appeal. 

[Section 1830. J 

tss. 



V. 

District Township of 



I, , being duly sworn, on oath, say: that on 

the day of , a. d. 188. ., the board of directors of 

said district township rendered a decision (or made an order) whereby {Jiere, 
state facts showing affianVs interest in the decision, and the injury to that interest); 
that said board in rendering the decision (or making the order) aforesaid, 
committed errors as follows: {Here state the en-ors charged.) 

Subscribed and sworn to by , before me, this 

day of ,A. D. 188.... 



NUMBER 47. 

Form for Notice of Appeal. 

[Section 1832.] 



State of Iowa, ) „„ 
county. I^^- 



V. 

District Township of 



To. 



Secretary of the Board of Directors of the District lownship of. : 

You are hereby notified that has filed in my oflBice 

an affidavit alleging that said board of directors, on the. . . . .day of , 

A. D. 188. ., made a decision (or an order) whereby [here describe the decision or 
order so that the secretary may identify it), and claiming an appeal therefrom . 
You are therefore required within ten days after receiving this notice, to 
file in my office at , in said county, a complete 



]^40 BLANK FORMS. 

transcript of the record of the proceedings of the beard relating to said 
order, together with copies of all papers filed with you pertaining to said 
action appealed from. 

Dated at , 

, 188.. 



County Superintendent. 



NUMBER 48. 

Form of Certificate to District Secretary'^s Iranscript. 

[Section J 832 J 

I, , secretary of the board of directors of the 

district township of , in the county of , 

Iowa, hereby certify that the foregoing is a correct and complete transcript 
of the record of all proceedings of the board and of all papers filed relating 
to the case v 

Dated at , 

188.. 



Secretary. 

KoTE.— The secretary's transcript will contain: 

1. A copy of all that portion of the records of the proceedings of the 
meeting, relating to the action appealed from, with the date of the meeting. 

2. A copy of each petition, remonstrance, plat, or other paper relating to 
said action, submitted to the board; to which will be annexed the above 
certificate. 



NUMBEE 49. 

Form for Notice of Hearing of Appeal. 

[Section 1833.] 



State of Iowa, ) „_ 
county. P^' 



V. 

District Township or 



! 



To : 

You are hereby notified that there is file in this oflBce a transcript of the 



BLANK FORMS. ' ^^^ 

proceedings of the board of directors of the district township of 

, at a meeting held on the. day of , 

188.., in relation to (/lere describe tJie decision or order appealed from), from 
which appeal has been taken; and that the said appeal will be heard before 

me at , in said county, on the day of 

, , 188. . , at o'clock M. 

Dated at , 

188.. 



County Superintendent. 

Note.— The appellant, the president and secretary of the board, and other 
parties known to be interested, should receive a copy of this notice. 



NUMBER 50. 

Form of Certificate to County Superintendents Transcript. 
[Sections 1832, 1835.J 

I, , superintendent of 

county, Iowa, hereby certify that the foregoing is a correct and complete 
transcript of the records of all proceedings had, evidence given, and papers 
filed in my oflBce, and my rulings thereon; also of my decision in the case 
V 

Dated at , 

-., 188.. 



County Superintendent. 

Notes, (a) The date of filing every paper should be indorsed thereon; 
also in the case of motions, orders and rulings of the county superintendent. 
All oral motions and evidence should be reduced to writing. 

{&) The transcript of the county superintendent will consist of a literal 
copy of every paper filed and all indorsements thereon, together with a copy 
of all testimony given; the whole arranged in chronological order closing 
with the decision of the county superintendent in full, with the above^cer- 
tificate annexed. See notes (c) and (d) to section 1834. 



ERRATUM. 



After section 8, to chapter 167, laws of 1882, as printed on page 
95, add the following: 

Sec. 9. The board of examiners shall keep a detailed and accurate 
account of all moneys received and expended by|them, which, with a 
list of the names of persons receiving certificates and diplomas, shall 
be published by the superintendent of public instruction in his an- 
nual report. 



INDEX. 



SEC. PAGE. 

ACCOUNTS— 

District treasurer shall keep 1747 35 

County superintendent should keep 1769 47 

County auditor shall keep 1781 54 

Secretary shall keep 1782 55 

County treasurer shall keep 1784 55 

APPARATUS— 

Board of regents may purchase 1597 8 

No debts shall be contracted to purchase 1729 26 

Unappropriated contingent fund used to purchase 1729 26 

APPEA.LS- 

Who may take, and when taken 1829 77 

Affidavit, basis of 1830 78 

Affidavit shall set forth errors , . , 1831 78 

County superintendent to notify secretary 1832 78 

Secretary to send up transcript 1832 78 

Interested parties to be notified 1833 79 

Testimony heard and decision rendered 1834 79 

To the superintendent of public instruction 1835 80 

Judgment for money not to be rendered 1836 81 

Postage paid by party taking appeal 1836 81 

BARBED WIRE (Chap. 103, Laws of 1884)— 

Shall be removed from school grounds 1 96 

Shall not be used enclosing school grounds 2 96 

Penalty for failure or neglect to remove 3 96 

BIBLE- 

Shall not be excluded from any school 1764 44 

No pupil required to read, contrary to parent's wishes 1764 44 

BLIND PERSONS— 

Of school age, reported to county superintendent annually . . 1745 34 

Must be reported annually to Iowa college for blind 1775 60 



244 INDEX. 

SEC. PAGE. 

BOARD OF DIRECTORS- 

Continue to act when district is divided 1715 13 

Divide assets and liabilities 1715 13 

Choose arbitrators in case of disagreement 1715 13 

Call special meeting of electors, when 17171 16 

Consist of three subdirectors, when 1720 18 

Consist of subdirectors of the several subdistricts 1721 19 

Enter upon duties at regular meeting in March 1721 19 

Organize by electing president from own number 1721 19 

President simply entitled to vote as a member 1721 19 

Elect secretary and treasurer at September meeting 1721 19 

Secretary and treasurer chosen outside the board, when 1721 19 

Secretary and treasurer have no vote, when 1721 19 

Hold regular meetings in March and September 1722 20 

Hold special meetings on call of president or request of board 1722 20 

Hold meetings at any place in civil township 1722 20 

Shall make contracts to execute vote of district 1723 20 

Must consult superintendent before erecting school-house . . . 1723 20 

Proposals and contracts must be advertised for, when 1723 20 

Require bond for performance of contract 1723 20 

Choose site for school- house 1724 22 

Determine number of schools, and duration 1724 22 

Determine where pupils shall attend school 1725 23 

Divide districts into subdistricts when necessary 1725 23 

Create no district for less than fifteen pupils of school age. . . 1725 23 

May rent room and employ teacher for ten pupils 1725 23 

May establish graded schools 1726 24 

May select superintendent of schools of district 1726 24 

One or more schools must be taught in each subdistrict .... 1727 25 

Required to provide a school in each subdistrict 1727 25 

Must provide for one or more schools, for at least six months 1727 25 

Released from obligation by county superintendent 17^:7 25 

iilot to change text-books oftener than once in three years. . . 1728 26 

Electors may authorize board to change text-books 1728 26 

May use unappropriated contingent fund to buy apparatus. . 1729 26 

Shall contract no debts for apparatus 1730 26 

May appoint temporary president and secretary 1730 26 

Fill vacancy in the board or its officers 1730 26 

Require secretary and treasurer to give bond 1731 27 

Bonds to be filed with the president 1731 27 

Examine accounts of treasurer and settle with him 1732 27 

Present statement to district township meeting 1732 27 

Audit and allow just claims 1733 28 

Fix compensation of secretary and treasurer 1733 28 

Draw no order until claim is audited and allowed 1733 28 

Visit schools of their district, and aid teachers 1733 28 



INDEX. 245 

SEC. PAGE. 

BOARD OF DIRECTORS— Continued— 

Assist in enforcing rules and regulations 1734 28 

Discharge teacher after investigation 1734 28 

May dismiss or suspend pupils 1735 28 

May re- admit pupils after suspension 1735 29 

Require secretary to certify election of school oflScers 1736 30 

Make rules to govern subdirectors 1737 30 

Majority of board a quorum I737 30 

Certify no tax after third Monday in May 1738 31 

Majority vote required to change boundaries of subdistricts. 1738 31 

Members, except secretary and treasurer, receive no pay 1738 31 

President of board, duties of I739 31 

President shall act as counsel in suits 1740 32 

Secretary shall act as counsel in suits, when 1740 32 

Counsel may be employed by board 1740 32 

Proceedings of, to be recorded by secretary 1741 32 

Secretary of board give notice of district township meeting. , 1742 33 

Secretary of board shall keep accurate accounts 1743 33 

Audit accounts presented by secretary I743 33 

Secretary to notify superintendent when schools begin 1744 34 

Secretary must report to superintendent annually 1745 34 

Secretary's report, what it shall consist of 1745 34 

Penalty for failure to file report 1746 35 

Treasurer of, shall hold all moneys belonging to district 1747 35 

Pay funds on order of president, countersigned by secretary. 1747 35 

Keep account of moneys received and paid out 1747 35 

Keep separate account with each fund. 1748 SQ 

Pay no order which does not specify fund and object 1748 36 

Make partial payments on orders 1748 36 

Receive money apportioned to district , 1749 sq 

Receive district school tax 1749 36 

Register orders on district treasurer 1750 37 

May require statement from treasurer 1751 37 

Limit subdirector in making contracts 1753 33 

Responsible for township on contracts 1753 33 

Must have languages taught, when 1763 44 

County superintendent not to be a member of 1765 45 

Estimate amount of teachers' and contingent funds 1777 51 

Apportion school-house tax 1778lIL 62 

Satisfy judgment with order 1787 56 

Must qualify on or before third Monday in March 1790 57 

Have no jurisdiction over independent districts 1792 58 

May admit pupils from adjoining districts IJ793 53 

May, with consent of county superintendent, admit pupils . . 1793 53 

Notify board of adjoining district, when I793 53 

Fix terms of tuition, when 1794 60 

19 



l^Q INDEX. 

SEC. PAGE. 

BOARD OF DIRECTORS— Continued— 

Divide district into subdistricts, and change boundaries 1796 60 

Cause description of subdistricts to be recorded 1696 60 

May consent to attach territory to adjoining township 1797 61 

May restore territory 1798 62 

Must restore territory, when 1798 62 

Establish boundaries of contemplated independent district. . 1801 63 

Give notice of election of directors 1802 64 

May concur in change of boundaries 1809 67 

Submit question of consolidated organization 1814 70 

Make settlement under sections 1814-1819 1820 73 

Shall deposit amount of appraisement 1 827 76 

Shall pay costs of appraisement 1827 76 

Provide for payment of bonds (Chap. 182, Laws of 1878) 2 85 

Shall cause trees to be set out (Chap. 23, Laws of 1882) 1 92 

May insure property (Chap. 149, Laws of 1882) 1 93 

Must have effects of stimulants taught (Chap. 1, Laws of 1886) 2 97 

May change boundaries, when (Chap. 62, Laws of 1888) 1 100 

BOARD OF REGENTS— 

Governor president of 1587 8 

Superintendent of public instruction member of 1587 8 

One member from each congressional district 1^87 8 

])epartments determined by 1589 8 

May confer degrees 1589 8 

Make laws to govern university 1596 8 

Appoint president and professors 1696 8 

Fix salaries and tuition fees 1596 8 

Remove officer when required 1596 8 

Purchase library, apparatus, etc 1597 8 

Report to superintendent of public instruction 1601 9 

Report of, what it shall contain 1601 9 

BONDS— 

Required for performance of contract , 1723 20 

Secretary and treasurer to give 1731 27 

Filed with president 1731 27 

Independent district may issue, for erection of school-house. 1821 73 

Rate of interest on 1821 73 

Electors to vote on question of issue 1822 74 

Denomination and time 1822 74 

Treasurer to negotiate at par 1822 74 

Principal and interest, how paid 1823 74 

Trustees of .county high school must give 1699 9 

Treasurer^of county high school give additional 1704 11 

Treasurer of normal school must give (Chap. 129, Laws 1876). 4 83 

Trustees may [re quire of other officers (Chap. 129, Laws 1876). 4 83 



INDEX. 247 

SEC. PAGE. 

BONDS— Continued— 

Any district issue for indebtedness (Chap. 132, Laws of 1878) ] 85 

Form of, and other requirements (Chap. 132, Laws of 1878) . . l 85 

Any district issue for indebtedness (Chap. 51, Laws of 1880) 1 90 

Form of, and other requirements (Chap. 51, Laws of 1880). . . 1 90 

Board of independent district refund (Chap. 132, Laws of 1880) 1 91 

Eate of interest and other conditions (Chap 132, Laws of 1880) 1 91 

Treasurer to sell (Chap. 132, Laws of 1880) 2 91 

Time to run (Chap. 132, Laws of 1880) 3 91 

Form and other requirements (Chap. 132, Laws of 1880) 4 91 

Provisions for payTQent (Chap. 132, Laws of 1880) 6 91 

BOUND ARIES- 

Of subdistricts may be changed 1796 60 

Plat filed with county officers 1796 60 

Of independent district may be changed 1809 67 

Of independent districts, changed 1814 70 

Of independent districts, changed (Chap. 133, Laws of 1878. .) 1 86 

Of independent districts, changed (Chap. 62, Laws of 1888) . . 1 100 

BOARD OB" SUPERVISORS— 

May submit question of establishing county high school 1698 9 

Appoint trustees of county high school 1699 9 

Fill vacancies in trustees of county high school 1711 12 

Allow compensation of trustees 1712 12 

Pay tuition of children in poor-house (Chap. 166, Laws of 1878) 1 88 

Levy tax to pay bonds, when (Chap. 132, Laws of 1880) 6 91 

County superintendent not to be a member of 1765 45 

Provide place for examination of teachers 1766 45 

May appropriate sum for normal institute 1760 47 

May grant county superintendent additional compensation.. 1776 61 

Levy taxes for school funds 1777 51 

Levy tax on subdistrict, when 1778 52 

Levy county tax of from one to three mills 1779 53 

Limits of taxes for school purposes 1780 54 

Levy tax to pay money borrowed from school fund 1788 57 

Shall not divide school district, when 1799 62 

Levy tax for independent district j ust organized 1804 65 

COMPENSATION— 

Of secretary and treasurer 1733 28 

Members of board may not have 1738 31 

Of teachers 1757 41 

Of county superintendent 1776 51 

Of appraisers of site . . 1827 76 



-j^^g INDEX. 

SEC. PAGK> 

CONTRACTS— 

Board to make, to execute vote of district 1723 20 

Subdirector to make, under rules and restrictions 1753 38 

When made by subdirector, must be approved by president. . 1753 38 

Teacliers', must be in writing. 1757 41 

Secretary or subdirector and teacher to sign 1757 41 

Approved by and filed with the president 1757 41 

Copy also filed with secretary 1757 41 

COUNTY AUDITOR— 

Superintendent to file statement with, of time employed 1776 61 

Make semi-annual apportionment 1781 54 

Notify presidents of apportionment; issue warrants for same 1782 55 

Certify election and qualification of superintendent 17S3 55 

Forward certificate to auditor of state 1783 55 

Deduct cost of tuition from semi-annual apportionment, when 1793 58 

Record plat of districts 1796 60 

COUNTY HIGH SOHOOLS- 

Object of establishing 1697 9 

County, with a population of 2,000 may establish 1697 S 

Board of supervisors shall submit question of establishing. . 1698 

Votes for or against, how canvassed 1699 9 

Board of supervisors appoint trustees 1699 9 

Bond and oath of trustees 1699 9 

County superintendent, member of board 1699 9 

When and how trustees are elected 1700 10 

Terms of oflBce of trustees 1700 10 

County superintendent president of board 1701 10 

Secretary and treasurer appointed from board 1701 10 

Trustees shall make estimate of funds needed 1702 10 

Trustees shall present estimate to board of supervisors .... 1702 10 

Tax not to exceed two mills and five mills 1702 10 

Tax for, how levied and collected 1703 10 

Tax to be paid to treasurer of county high schoo 1703 10 

Treasurer to give additional bond 1704 10 

Duties of treasurer 1704 10 

Secretary and treasurer to keep accurate account 1704 10 

Statement to be made, when 1704 1 

Board to select site for high school 1705 1 

Site to be without expense to county 1705 1 

Board to make purchases, contracts, etc 1705 1 

Board to employ teachers .. 1706 1 

Board to provide for payment of salaries 1706 1 

Model schools to be encouraged 1706 1 

Tuition free to residents of county 1707 ]. 

Apportionment of pupils 1707 1 

Pupils from other counties may be admitted '. . . 1707 1 



INDEX. -j^^g 

SEC. PAGE. 

OOUNTY HIGH SCHOOLS— Continued— 

Refractory pupils may be expelled 1709 12 

Rules and regulations for, how made 1709 12 

Trustees to make annual report to board of supervisors 1710 12 

<'opy of report sent to superintendent of public instruction. . 1710 12 

Board of supervisors may fill vacancies 1711 12 

Compensation of members of board of trustees 1712 12 

BOUNTY SUPERINTENDENT— 

Recommend plans for school-bouses 1723 20 

May release boards from obligation to have schools taught . . 1727 25 

May require teacher to record matters designated 1734 28 

Notified when school begins 1744 34 

Receive annual report from secretary 1745 34 

Receive annual report from treasurer 1751 37 

■Grant certificate to teach foreign languages 1763 44 

^ot to be a member or officer of board of directors 1765 45 

Not to be a member or officer of board of supervisors 1765 45 

Examine teachers last Saturday of each month 1766 45 

Branches in which examination is made, specified 1766 45 

May have assistant examiners 1766 45 

May give certificate for special branches 1766 45 

Must give certificate if examination is satisfactory 1767 46 

Examinations must be public 1768 46 

Keep record of examinations 1768 46 

Hold normal institute annually 1769 47 

With concurrence of state superintendent procure assistance 1769 47 

Require registration fee 1769 47 

Require fee from every applicant for certificate 1769 47 

Transmit moneys to county treasurer 1769 47 

Make report to county treasurer 1769 47 

Issue orders upon institute fund 1769 47 

May appoint deputy, who cannot visit schools or try appeals. 1770 48 

May revoke certificate of teacher 1771 48 

Give personal notice of investigation 1771 48 

Make annual report to superintendent of public instruction. 1772 49 

File statement of number of youth with county auditor 1772 49 

Penalty for failure to file report 1772 49 

C!onform to instructions of superintendent public instruction 1774 49 

Visit schools on request of board of directors 1774 49 

Report the blind, and deaf and dumb 1775 50 

Compensation of 1776 51 

File statement of time employed 1776 51 

Attach territory to another township, when 1797 61 

Appoint appraisers and give notice to owner of land 1827 76 

Notify secretary to file transcript 1832 78 

Notify interested parties 1833 79 



SEC. PAGE. 

COUNTY SUPERINTENDENT— Continued— 

Hear testimony ana decide appeal 1834 79 

Make provisions for institutes 1584 7 

Member of board of trustees county high school 1699 9 

President board of trustees county high school 1701 10 

Sex not a bar to the office (Chap. 136, Laws of 1876), 1 85 

COUNTY TREASURER— 

Disburse institute fund on order of superintendent 1769 47 

Pay over all collected taxes on first Monday in April 1784 55 

Keep separate account with independent districts 1784 55 

Bender statement of uncollected taxes 1784 55 

Pay over taxes quarterly 1784 55 

Keep school-house taxes separate from subdistrict, when — 1784 55 

Pay taxes collected, to independent districts monthly 1784 55 

Notify presidents quarterly, of tax collected for each fund. . 1785 56 

Pay taxes to district treasurers on warrants 1785 56 

Pay treasurer of county high school taxes collected 1703 10^ 

COUNSEL- 

When president of board of directors may appear as 1740 32: 

When president interested, secretary acts as 1740 32 

When board of directors shall employ 1740 32 

DEAF AND DUMB PERSONS— 

Of school age reported to county superintendent annually. . . 1745 34 

Must be reported annually to Iowa institution 1775 50 

DECISION— 

Of board may be appealed from 1829 77 

Of county superintendent final unless appealed from 1834 79 

Of superintendent of public instruction final 1835 80- 

DISTRICT TOWNSHIPS— 

Each civil township a school district 1713 18 

When left without officers, how supplied 1714 18 

When divided, board act until next election 1715 18 

Respective boards divide assets 1715 13^ 

Arbitrators chosen in case of disagreement 1715 la 

Division of assets when independent districts are formed 1715 18 

Corporate name 1716 14 

Hold annual meeting , 1717 15 

Dispose of property, authorize additional branches. 1717 15 

Obtain highways 1717 15 

Transfer of school-house fund — 1717 15 

Hold special meeting when necessary 1717i 16 

Suit to be brought in name of 1731 27 

Claims against, audited by board 1733 28 

Bring suit if secretary fails to make annual report 1746 35 

Bring suit if treasurer fails to make annual report 1751 37 



mDEX. 



151 



SEC. PAGE. 

DISTRICT townships-Continued— 

Liable for tuition in certain cases 1 793 58 

May be consolidated and organized as independent districts. 1814 70 

May be formed from independent districts 1815 71 

district township meeting— 

Held annually on the second Monday in March 1717 15 

May appoint chairman and secretary 1717 15 

Direct sale of district property 1717 15 

Determine additional branches 1717 15 

Delegate foregoing powers 1717 15 

Vote tax for school-houses, sites, and libraries 1717 15 

Transfer surplus school-house funds 1717 15 

Vote of, executed by board 1723 20 

May authorize board to change text-books 1728 26 

Statement to be presented at, by board 1732 27 

Five notices, stating hour, posted by secretary 1742 33 

Copy of notice furnished to teachers , 1742 33 

May vote concerning control of school-house 1753 38 

May vote that foreign languages be taught 1763 44 

Vote tax to pay judgment and other liabilities 1787 56 

Not to organize before 9 a. m. nor adjourn before 12 m 1789 57 

EDUCATIONAL JOURNAL— 

State superintendent may subscribe for 1581 6 

ELECTION— 

Special for directors 1714 13 

For subdirectors , 1718 17 

To form new city or town district 1801 63 

For directors 1808 67 

To form new districts 1811 68 

For voting bonds 1822 74 

For establishing county high school. , 1698 9 

Of trustees for county high school 1700 10 

EXAM INERS,-ST ATE BOARD OF (Chap. 167, Laws of 1882). 

Of whom it shall consist 1 94 

When and where meet 2 94 

Rules g,nd records 2 94 

Power of board 3 94 

Branches to examine candidates upon 4 94 

Certificate five years, diploma for life 5 95 

Certificate or diploma may be revoked 6 95 

Certificate or diploma must be registered 7 95 

Compensation of members of board 8 95 

Shall keep and publish accurate account annually 9 95 

FEE— 

Paid by every one attending institute 1769 47 

Paid by every applicant for certificate 1769 47 



2^2 INDEX. 

SEC. PAGE. 

FINES AND PENALTIES— 

Of district secretary, for failure to report 1746 35 

Of district treasurer for failure to report 1751 37 

Of county superintendent , for failure to report 1773 49 

To whom they shall inure 1786 56 

Suit brought in name of district, when 1786 56 

Suit brought in name of county, when 1786 56 

Suit brought by county attorney, when 1786 56 

Added to fund next used 1786 56 

For misapplication of money 1791 58 

Of directors, for failure to make statement 1813 70 

FORMS— See Index to Forms. 

FUNDS- 

School-house, contingent, and teachers', defined 1748 36 

Separate account with each, to be kept by treasurer 1718 36 

Fund and object must be specified in order 1748 36 

Teachers', and contingent, amount for, estimated by board. . 1777 51 

Amount levied for school-house fund not to exceed ten mills 1780 54 

Amount for contingent fund, not to exceed $5 per scholar. . . 1780 54 

Amount of teachers' fund, not to exceed $15 per scholar 1780 54 

$75 may be levied for contingent fund, for each subdistrict. . 1780 54 

$270 may be levied for teachers' fund, for each subdistrict. . . 1780 54 

Permanent, interest on, apportioned 1781 54 

Secretary to keep separate account with each » 1 782 65 

GENERAL PROVISIONS— 

School month defined 1761 43 

Electors may vote that foreign languages be taught 1763 44 

Schools must be taught in English 1763 44 

Bible not to be excluded from schools 1764 44 

Pupils not required to read Bible contrary to wish of parents 1764 44 

HIGHWAYS- 

May be ordered by the electors 1717 15 

INDEPENDENT DISTRICTS— 

Left without officers, trustees call election 1714 13 

Assets and liabilities divided when boundaries are changed. . 1715 13 

Corporate name of .* 1716 14 

Majority of board, and president may dismiss pupils 1735 29 

Tax for, county treasurer to pay over monthly 1784 55 

Polls remain open from 12 m. to 7 p. m., when 1789 57 

Polls to remain open from 9 A. M. to 4 p. M , when 1789 57 

City, town or village of over 200 inhabitants may organize. . . 1800 63 

Directors of district township to establish boundaries 1801 63 

Electors to vote for or against separate organization 1801 63 

Term of office of directors determined by lot 1802 64 

Board to elect president 1802 64 



INDEX. 253 

SEC. PAGE. 

INDEPENDENT DISTEICTS— Continued - 

Board to elect secretary and treasurer in September 1802 64 

Board to consist of three members whea 1802 64 

Treasurer of board may not be member 1802 64 

President and secretary, j udges at first election 1803 65 

Organization must be complete before August 1st 1804 65 

Taxes levied by district township to be void, when 1804 65 

Board to levy taxes, when 1804 65 

When formed from two or more townships, who give notice. 1805 66 

Governed by laws for district townships, when applicable. . . 1806 66 

Electors may vote tax for erection of school -houses, etc 1807 66 

Annual meeting of 1808 67 

Election of officers 1808 67 

Who are judges of election 1808 67 

Boundaries between, and district township, changed how 1809 67 

Abandoned, with concurrence of boards 1809 67 

Board to set off territory when 1810 68 

May consolidate 1811 68 

May be formed from adjoining counties 1811 68 

Territory incorporated town part of (Chap. 118, Laws 1882). 1 93 

Boundaries changed, boards settle (Chap. 118, Laws 1882) . . 1 93 

School in two counties formed into independent district . . . 1812 69 

Board make statement of receipts and disbursements 1813 70 

Board publish statement, when , 1813 70 

Board post statement, when 1813 70 

Board liable to penalty for failure to make statement . . 1813 70 

District township may become independent = 1814 70 

Independent districts may be constituted district township. . 1815 71 

Election to be called 1816 71 

Independent districts become subdistricts. . , , 1817 72 

Elect subdirectors on first Monday in March 1818 72 

Governed by laws for district townships 1819 72 

New board to make settlement of assets and liabilities 1820 73 

May borrow money by issuing bonds 1821 73 

Board to submit question of issuing bonds to electors 1822 74 

Board to issue bonds in accordance with vote of electors 1822 74 

Bonds signed by president and attested by secretary. 1822 74 

Denomination and time of bonds 1822 74 

Board vote tax to pay bonds if electors neglect 1823 74 

Orders draw legal interest after presentation 1824 75 

Board may provide for industrial expositions (Chap. 64, 1874) 1 82 

May bond to fund indebtedness (Chap. 132, Laws of 1878). . . I 85 

May subdivide, or have territory detached (Chap. 133, 1878). . 1 86 



30 



]^54 INDEX. 

SEC. PAGE 

INDEPENDENT DISTRICTS— Continued— 

Of 15,000, have separate polling places (Chap. 8, Laws of 1880) 1 88 

Questions submitted decided by ballot (Chap. 8, Laws of 1880) 2 88 

Register of electors shall be prepared 3 89 

Notice of election, how given (Chap 8, Laws of 1880) 4 89 

Board of, issue bonds to fund indebtedness (Chap. 132, 1880). 1 91 

Levy of tax for payment of bonds (Chap. 132, Laws of 1880). . 6 91 

May be formed, when (Chap. 62, Laws of 1888) 1 100 

INDUSTRIAL EXPOSITION S-(Chap. 64, Laws of 1874) 

Board provide for, in each school, if deemed expedient 1 82 

Consist of what 2 82 

Pupils to explain mode of manufacture or culture 3 82 

Parents and friends may attend 4 82 

Ornamental work encouraged 5 82 

When and where held 6 82 

INSURANCE— 

All districts may effect (Chap. 149, Laws of 1882) 1 93 

No debts shall be contracted for (Chap. 149, Laws of 1882) . . 1 93 

JUDGMENT— 

Against district, how paid 1787 56 

Bonds issued to pay indebtedness (Chap. 132, Laws of 1878).. 1 85 

Bonds issued to refund indebtedness (Chap. 51, Laws of 1880) 1 90 

Bonds issued to fund indebtedness (Chap. 132, Laws of 1880). 1 91 

LANGUAGE— 

German, or other foreign, when shall be taught 1763 44 

Teacher of foreign must have certificate 1763 44 

Schools must be taught in English 1763 44 

LAWS— 

Relative to schools to be furnished 1579 5 

LIABILITIES— 

Boards to make division of 1715 13 

LIBRARY— 

Electors may vote to purchase 1717 15 

Electors may vote to buy library and apparatus 1807 66 

Number books in, reported 1583 6 

MAPS- 

May be purchased by board ... 1729 26 



INDEX. 255 

SEC. PAGE. 

MISCELLANEOUS— 

Fines and penalties, disposition of 1786 56 

Judgment, how satisfied 1787 56 

District townstiip meeting vote tax to pay judgment 1787 56 

Money borrowed from school fund, how paid 1788 57 

Meeting not to organize before 9 a. m. nor adjourn before 12 m. 1789 57 

Polls remain open from 9 a. m. to 4 p. m, , when 1789 57 

Polls remain open from 12 m. to 7 p. m., when 1789 57 

Director, or director elect may administer oflBcial oath 1790 57 

Penalty for misapplication of money 1791 58 

Township board no control over independent districts 1792 58 

Children may attend school in adjoining districts, when 1793 58 

Board to fix terms of attendance, when 1794 60 

Pupils may attend school in another subdistrict 1795 60 

Board may divide district township into subdistricts 1796 60 

Plat showing changes in boundaries must be filed 1796 60 

Subdistrict boundaries conform to congressional lines 1796 60 

Changes in boundaries take effect, when — 1796 60 

Superintendent may attach territory to another township. . . 1797 61 

Territory may be restored, how 1798 62 

Sehool district not to be divided, when 1799 62 

MONTH— 

Of what school month consists 1761 43 

NAME— 

Of school district 1716 14 

Shall be given (Chap. 133, Laws of 1878) 4 86 

May be changed (Chap. 133, Laws of 1878) 4 86 

NORMAL SCHOOL— See State Noimal School. ■ 

ORDERS— 

When drawn 1733 28 

How drawn 1739 31 

Partial payment on 1748 38 

May draw interest, when 1824 75 

PENALTIES— See Fines and Penalties. 

PRESIDENT— 

Chosen from the subdirectors 1721 19 

Call special meetings of board 1722 20 

Temporary, may be appointed 1730 26 

Vacancy in office of, filled by board 1730 26 

To file bonds of secretary and treasurer 1731 27 

Bring suit on bond of secretary and treasurer, when 1731 27 

Concur with majority in expelling pupils 1735 29 

Preside at meetings of board and of district township 1739 31 

Draw drafts on county treasurer 1739 31 



156 i^^^^- 

SEC. PAQB. 
PRES ID ENT— CONTINTJED— 

Sign orders on district treasurer 1739 31 

Sign all contracts made by board 1739 31 

Appear for district in suits 1740 32 

Secretary appear, when 1740 32 

Counsel may be employed, 1740 32 

Approve contracts of subdirectors 1753 38 

Concur with subdirector in dismissing pupil 1 756 40 

Approve and file teachers' contracts 1757 41 

Sign warrant for semi-annual apportionment 1782 55 

Certify to account for tuition filed with auditor 1793 58 

Sign district bonds 1822 74 

PUPILS- 

Attend school where, determined by board ; 1725 23 

Fifteen, required for creation of subdistrict 1725 23 

Teacher may be employed to teach ten 1725 23 

Legal age of 1*^27 25 

Enumerated by subdirector — 1755 40 

Dismissed by subdirector and president 1756 40 

May be re- admitted 1756 40 

Register of attendance, when kept separate 1759 42 

Not required to read Bible contrary to wish of parent 1764 44 

Attend school in an adjoining district, when 1793 58 

Temporarily sojourning, may attend school, on what terms. . 1794 60 

Board to fix terms of attendance, when 1794 60 

May attend school in another subdistrict 1795 60 

RECORDS— 

Secretary to keep 1741 32 

REGISTER— 

Teacher to keep 1759 42 

REGULATIONS— 

For control of school and teachers ... 1726 24 

For government of subdirectors 1737 30 

REPORTS- 

Copies of to be preserved by secretary 1741 32 

Secretary to make annually 1745 34 

Treasurer to make annually 1751 87 

Subdirector to make to secretary 1755 40 

Made to state superintendent by county superintendent 1772 49 

Of blind, and deaf and dumb, by county superintendent 1775 50 

Of interest on permanent school fund 1783 55 

ROADS— See Highways. 

SALE OF PROf ERTY— 

May be directed by electors of district township 171 7 15 

May be directed by electors of independent districts 1807 66 



INDEX. 



157 

SEC. PAGE. 



SCHOLA.es— See Pupils, 

SCHOOL LAWS— 

To be furnished school oflacers .• 1579 5 

To be given to successor 1791 58 

SCHOOL MONTH— 

Consists of what 1761 43 

SCHOOLS- 

Number of, determined by board 1724 22 

Duration of, beyond legal period 1724 22 

Graded, may be established 1726 24 

One or more taught in each subdistrict 1727 25 

Duration of 1727 25 

Superintendent may allow board to reduce the time 1727 25 

Visited by board of directors 1734 28 

Pupils may be expelled from , 1735 29 

Subdirector shall visit twice during each term 1756 40 

.Teacher of, must have certificate 1758 42 

School month defined 1761 43 

Bible not to be excluded from 1764 44 

Visited by county superintendent 1774 49 

May be attended by pupils from adjoining district, when 1793 58 

SCHOOL DISTRICTS— 

Each civil township declared a school district 1713 13 

When without oflBcers, how supplied 1714 13 

If divided, board of directors act until next election 1715 13 

Assets and liabilities to be equitably divided 1715 13 

Disagreements to be settled by arbitrators 1715 13 

Assets divided when independent district is formed 1715 13 

Every school district is a body corporate , 1716 14 

When school-house is destroyed, what to do 17171 16 

SCHOOL-HOUSES- 

Plans for, recommended by county superintendent 1723 20 

Built or repaired by contract if cost exceed |300 1723 20 

Proposals to build, invited by advertisement 1723 20 

Contracts let to the lowest responsible bidder 1723 20 

Site of, fixed by board 1724 22 

Contracts for repairs made by subdirector 1753 38 

Under control of subdirector unless otherwise ordered 1753 88 

SCHOOL-HOUSE SITES— 

Lawful for district to take 1825 75 

Not to exceed one acre without consent of owner 1825 75 

Must be on highway 1826 75 

Not within forty rods of residence, if owner objects 1828 75 

County superintendent to appoint appraisers 1827 76 

County superintendent to give notice to owner 1827 76 

Appraisers to assessjdamages and make report 1827 76 



158 1^^^^- 

SEC. PAGE. 

SCHOOL-HOUSE SITES— Continued - 

Board to deposit money with the county treasurer 1827 76 

Either party may appeal to district court 1827 76 

Title acquired for school purposes only 1828 77 

Growing timber shall not be injured or removed 1828 77 

SCHOOL ORDERS— 

Not drawn until qlaim is audited 1733 28 

Signed by the president. 1739 31 

Fund and object must be specified in 1739 31 

Secretary to countersign and register 1741 32 

Transcript of, must be furnished to treasurer 1741 32 

Mast specify fund and purpose 1748 36 

Treasurer to register 1760 37 

Given to satisfy judgment 1787 66 

Draw lawful interest after presentation 1824 75 

SECRETARIES— 

Give notice of subdistrict election, when 1718 17 

Draw for absent member in case of a tie 1719 17 

Elected on third Monday in September 1721 19 

Qualify and enter on duty within ten days 172L 19 

Chosen from township at large, when 1721 19 

Have no vote unless member of board 1721 19 

Temporary, may be appointed 1730 26 

Vacancy in office of , filled by board 1730 26 

Give bond 1731 27 

Compensation of, fixed by board 1733 28 

Report names of school officers to county officers 1736 30 

Appear in suits, when 1710 32 

Record all proceedings of board 1741 32 

Preserve copies of all reports 1741 32 

File all official papers 1741 32 

Coimtersign and register drafts and orders 1741 32 

Furnish district treasurer with transcript of orders 1741 32 

Post five notices of district township meeting 1742 33 

Notices to state hour of meeting 1742 33 

Present accounts to board to be audited 1743 33 

Notify superintendent when each school begins 1744 34 

Make annual report to county superintendent 1745 34 

Penalty for failure of, to report 1746 35 

Certify amounts for school funds 1777 51 

Countersign warrants for semi-annual apportionment 1782 55 

Debit and credit treasurer 1782 65 

File account of tuition, when 1793 68 

Deliver plat to county treasurer and auditor 1796 60 

Record order of county superintendent and correct plat, when 1797 61 



INDEX, ;[59 

SEC. PAGE. 

SECRETARIES— Continued— 

Chosen outside the board, when 1802 64 

Act as judge of annual election 1808 67 

Draw for absent member, in case of tie vote 1808 67 

Post notices of election 1811 68 

Send up transcript 1832 78 

SEX-(Chap. 136, Laws of 1876.) 

Not a test of eligibility to school offices 1 85 

No person deprived of school office by reason of sex 2 85 

STATE NORMAL SCHOOL-(Chap. 129, Laws of 1876.) 

Object and location 1 83 

Controlled by board of directors 2 83 

Vacancy in board filled by governor 2 83 

Officers of the board, and compensation 3 83 

Officers to give bond 4 84 

Teachers employed by board 5 84 

Property and funds controlled by board 5 84 

Rules for management of school made 5 84 

Provide for admission of teachers 5 84 

Arrange for board of teachers 6 84 

Require fee for contingent expenses 5 8i 

Session must continue twenty- six weeks 5 84 

Board may charge tuition fee 5 84 

Report made each year 9 142 

STATE UNIVERSITY— 

Object and location of 1585 7 

Course of. study, where to commence 1585 7 

Student not completed elementary branches not admitted. . 1585 7 

No religious denomination to control 1586 7 

Governed by board of regents 1587 8 

Governor, president of board 1587 8 

Superintendent public instruction, member of board 1587 8 

Regent elected from each congressional district 1587 8 

Departments determined by board of regents 1589 8 

Include collegiate, scientific, law, and other departments 1589 8 

Board of regents may confer degrees 1596 8 

Enact laws for governfflaent of university . 1596 8 

President, professors and tutors, how appointed 1596 8 

Salaries of officers determined by the board 1596 8 

Tuition fees fixed by the board 1596 8 

Officer removed, when deemed necessary 1596 8 

Library, apparatus, etc., purchased by board 1597 8 

All specimens, collected by state geologist, to belong to state. 1598 8 

President report to board of regents. 1600 8 

3oaid report to superintendent of public instruction 1601 9 



160 



INDEX. 



8EC. PAGE, 

SUBDIRECTORS— 

Special election of 1714 .IS 

Elected annually first Monday in March in each subdistrict. . 1718 17 

Give notice of subdistrict election 1718 17 

One, elected from the district at large, when 1720 18 

Vacancy in office of, filled by board 1730 26 

Governed by rules made by board 1737 30 

Take oath 1752 38 

Office Vacant in case of failure to qualify 1752 38 

Make contracts under restrictions of board 1753 38 

Have control of school-house — .... 1753 38 

Contracts must be approved by president 1753 38 

Take enumeration of children 1754 40 

Make annual report to secretary 1755 40 

May dismiss pupils with concurrence of president 1756 40 

Shall visit schools twice during each term 1756 40 

Authorized to administer official oath 1790 57 

Qualify on or before third Monday in March 1790 57 

"When superseded deliver up books, etc 1791 58 

Penalty for misapplication of money, etc 1791 58 

May consent that pupils attend school in another subdistrict. 1795 60 

Elected for new subdistrict, when 1796 60 

No person ineligible by reason of sex (Chap. 136, Laws of 1876) 1 85 

SUBDISTRICTS— 

Embracing whole district elect three subdirectors 1720 18 

If but two subdistricts in township, subdirectors chosen, how 1720 18 

Board determine number of schools taught in each 1724 22 

One or more schools taught in each 1 727 25 

Rule of taxation on, for school-house purposes 1778 52 

Pupils may attend in another 1795 60 

Plat of , to be made 1796 60 

May be formed from independent districts — 1817 72 

Hold meeting to elect subdirector, on first Monday in March. 1818 72 

SUBDISTRICT BOUNDARIES— 

Vote of majority of board required to change 1738 31 

Established and changed by board 1796 60 

Conform to congressional lines 1796 60 

Changes in, to take effect when 1797 61 

SUBDISTRICT MEETING- 

Held annually, on the first Monday in March 1718 17 

Five days' notice of, given by subdirector 1718 17 

Three notices stating hour, posted 1718 17 

Chairman and secretary act as judges of election 1719 it 

Vote decided by lot, in case of a tie 1719 17 

Three subdirectors elected, when 1720 18 



INDEX. 261 

' SEC. PAGE. 

SUBDISTRICT MEETING— Continued— 

One subdirector in each district, and one at large 1720 18 

Judges of election canvass votes for subdirector at large 1720 18 

Not to organize before 9 a. m., or adjourn before 12 m 1789 57 

Held on first Monday in March 1818 72 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Approve appointment of institute instructors 1769 47 

May entertain appeals from county superintendent 1835 80 

Give thirty days' notice to county superintendent 1835 80 

Like notice to adverse party 1835 80 

Decision shall be final 1835 80 

Shall not render judgment for money 1836 81 

Receive no additional compensation for determining appeals. 1836 81 

May meet county superintendents in convention 1677 5 

Charged with supervision of schools and superintendents. . . 1577 5 

Attend teachers' institutes, When practicable 1577 5 

Determine appeal cases 1577 5 

Render written opinion to school officers when asked 1577 5 

Have.oflace at seat of government 1578 5 

File all papers, reports and documents 1578 5 

Keep fair record of matters in office 1578 6 

Publish and distribute school laws and amendments 1579 6 

Publish and distribute other necessary forms 1579 6 

Subscribe for Educational Journal 1581 6 

Purnish copies of same to county superintendents 1581 6 

Publish decisions in Educational Journal 1581 6 

Report number of children to auditor of state 1582 6 

Report to governor of state 1583 6 

Have report printed and presented to general assembly 1583 6 

Appoint teachers' institutes 1584 7 

Transmit appropriation to county superintendent 1584 7 

Member of board of regents of state university 1587 8 

Board of regents shall annually report to 1601 9 

Member of board directors state normal school 2 83 

TAXES— 

Board not to certify after third Monday in May 1738 31 

For teachers' and contingent funds determined by board 1777 51 

Certified by secretary to board of supervisors 1777 51 

Board of supervisors to levy for school funds 1777 51 

School-house, to be apportioned 1778 52 

Excess levied upon subdistrict, when 1778 52 

Fifteen mills may be levied, when 1778 52 

One to three mills county tax to be levied 1779 53 

Receivable only in cash 1779 53 

Limits of for school purposes 1780 54 

21 



-iQO IKDEX. 

SEC. PA4te:. 
TAXES— CONTINTJED— 

Paid to district township treasurer quarterly 1784 55 

Paid to independent districts monthly 1784 55 

Presidents of boards to be notified of tax collected 1785 56 

Paid to district treasurers on warrants 1785 56 

Levied by district townships, void, when 1804 65 

All taxes determined by board of directors, when 1804 65 

DeterminecP before third Monday in August, when 1804 65 

Certified before first Monday in September, when 1804 65 

Board of supervisors levy for independent districts 1804 65 

Of mills voted, when (Chap. 67, Laws of 1874) 1 83 

Board to levy, to pay judgment (Chap. 132, Laws of 1878) — 2 85 

TEACHERS— 

Keep list of pupils showing attendance, etc 1734 28 

Maybe discharged by board 1734 28 

Subdirector or secretary makes contracts with 1757 41 

Contracts must be in writing 1757 41 

President must approve and file contract 1757 41 

Not to be employed without certificate 1758 42 

Keep daily register 1759 42 

Keep separate register for non-resident pupils 1759 42 

File certified copy of register with secretary — 1760 43 

Regular examination of, last Saturday in each month 1766 45 

Satisfy county superintendent regarding moral character — 1767 46 

Certificate cannot exceed one year 1767 46 

Examination of, to be public 1768 46 

Pay fee on application for examination 1769 47 

Pay registration fee 1769 47 

Certificate of, may be revoked 1771 48 

Shall have personal notice of charges preferred 1771 48 

Of county high school, by whom selected 1706 11 

TEACHERS' NORMAL INSTITUTE- 

Shallibe held annually in: each county 1769 47 

Aided by state appropriation 1584 7 

TEXT-BOOKS-- 

Board may adopt 1728 26 

May be changed after three years 1728 26 

Electors may authorize board to change sooner 1728 26 

TIE VOTE— 

For subdirector determined by lot 1719 17 

For director determined by lot 1808 67 

TRANSCRIPT— 

Secretary notified to send on appeal 1832 78 



INDEX. 



163 



SEC. PAGE. 

TREASURERS— 

Chosen outside of the board, when 1721 19 

Have no vote unless member of board 1721 19 

Vacancy in oflfice of, filled by board , 1730 26 

Give bonds '. 1731 27 

Accounts of, examined by board 1732 27 

Compensation of, fixed by board 1733 28 

Hold all moneys belonging to district 1747 35 

Pay funds on order of president; countersigned by secretary. 1747 35 

Keep account of moneys received and paid out 1747 35 

Keep separate account with each fund 1748 36 

Pay no order which does not specify fund and object 174S 36 

Make partial payments on orders. ". 1748 36 

Receive money apportioned to district 1749 36 

Receive district school tax 1749 36 

Register orders 1 750 37 

Render statement of finances 1751 37 

Make annual report to board of directors 1751 37 

Make annual report to county superintendent 1751 37 

Penalty for failure to report 1751 37 

Draw semi-annual apportionment on warrant 1782 65 

Receive moneys for district township quarterly 1784 55 

Receive moneys for independent district monthly 1784 55 

Chosen outside of board, in all independent districts 1802 64 

Negotiate bonds 1822 74 

Countersign bonds when negotiated 1822 74 

Charged with bonds delivered to him 1822 74 

Of county high school 1701 10 

Of county high school, duties of ^. 1701 11 

Of state normal school (Chap. 129, Laws of 1876) 3 83 

Of state normal school, duties of (Chap. 129, Laws of 1886). . 4 83 

To sell bonds, when (Chap. 132, Laws of 1880) 2 91 

Keep record of parties buying bonds (Chap. 132, Laws of 1880) 3 91 

Charged with bonds delivered to him (Chap. 132, Laws of 1880) 5 91 

TREES— 

Number and condition of, reported annually 1745 34 

Growing and standing, shall not be injured. 1828 77 

Board shall cause to be set out (Chap. 23, Laws of 1882) l 92 

Superiutendent to notify boards (Chap. 23, Laws of 1882).. 2 92 

TRUSTEES OF HIGH SCHOOLS— 

Appointed by boards of supervisors 1699 9 

Qualification of 1699 9 

Oath, and bond of 1699 9 

County superintendent member of board of 1699 9 

Divided into three classes 1700 10 

Election of 1700 10 



164 INDEX. 

SEC. PAGB. 

TRUSTEES OF HIGH SCHOOLS— Continued— 

Termsof office 1700 10 

County superintendent president of board 1701 10 

Secretary and treasurer appointed from board 1701 10 

Estimate of funds needed, made by 1702 10 

Shall present estimate to board of supervisors .... 1702 10 

May require treasurer to give additional bond 1704 1 

Shall select site for high school 1705 1 

Make purchases, let contracts, etc 1705 1 

Employ teachers, pay salaries 1706 1 

Make rules regarding admission. 1707 1 

Determine tuition of pupils from other counties 1708 12 

Approve of rules and regulations governing schools. 1709 12 

May expel refractory pupils 1709 12 

Make annual report to board of supervisors 1710 12 

Vacancies filled by board of supervisors. 1711 12 

Compensation of members 1712 12 

TUITION— 

Of pupils from other districts, how paid 1793 58 

Of non-residents , fixed by board 1794 60 

At county high school free, when : 1707 11 

Of scholars from other counties at county high school 1708 12 

At state normal school (Chap. 129, Laws of 1876) 5 83 

VACANCY— 

Filled by special election, when 1714 13 

Filled by appointment, when 1730 26 

VISITATION OF SCHOOLS— 

By board of directors 1734 28 

By subdirector ......* 1756 40 

By county superintendent 1774 49 



I]:^DEX TO FOEMS. 



NO. PAGE. 

Proceedings of district township meeting 1 103 

Notice for annual meeting in subdistricts 2 104 

Proceedings of annual subdistrict meeting 3 104 

Certificate of election of subdirector 4 105 

Certificate of tax voted by subdistrict meeting 5 106 

Proposals for the erection (or repair) of school-houses 6 106 

Contract for building school-houses 7 107 

Bond for performance of contract 8 108 

Certificate of appointment of school officers 9 109 

Bond of secretary or treasurer 10 110 

Certificate of election of officers of the board 11 111 

Draft on county treasury 12 112 

Order on district treasury 13 112 

Lease 14 113 

Deed 15 113 

Order register of secretary and treasurer 16 115 

Notice of district township meeting 17 116 

Report of secretary 18 117 

Treasurer's account with teachers' fund 19 119 

Report of treasurer 20 120 

Contract between subdirector and teacher 21 121 

List heads of families and children, kept by subdiret-.tors 22 122 

Teacher's daily register of attendance 23 123 

Teacher's term report to district secretary 24 124 

Teacher's certificate 25 125 

Monthly report of institute fund 26 126 

Receipt of institute fund 27 127 

Application for teachers' normal institute 23 127 

Report of registration fees, institute fund 29 128 

Order on institute fund 30 129 

Report of teachers' normal institute 31 129 

Revocation of teacher's certificate 32 131 

Certificate to supervisors of tax determined by board 33 131 

Certificate to supervisors of tax voted by district township 34 132 



166 



INDEX. 



NO. PAGE. 

Certificate Jof tax voted by a subdistrict, not granted by district. . . 35 132 

Notice from the county auditor of semi-annual apportionment — 36 133 

Certificate of election of county superintendent 37 133 

Certificate of qualification of county superintendent 38 134 

Notice from county treasurer of school tax collected 39 134 

Notice permitting attendance from adjoining districts 40 135 

Application for appointment of appraisers of site 41 135 

Appointment of appraisers of school-house site 42 136 

Notice to owner of real estate of appointment of appraisers 43 137 

Report of appraisement of property for school-house purposes 44 138 

Notice of assessment of damages 45 138 

Affidavit of appeal ... 46 139 

Notice of appeal 47 139 

Certificate to district secretary's transcript 48 140 

Notice of hearing of appeal 49 140 

Certificate to the county superintendent's transcript 50 141 



SCHOOL LAW DECISIONS 



IN 



APPEAL CA8ES, 



BY THE 



Superintendent of Public Instruction 



EDITION OF 1888. 



COMPILED FOR THE USE OF SCHOOL OFFICERS 



BY 



HENRY SABIN, , 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



DES MOINES: 

GEO. E. ROBERTS STATE PRINTER. 

188S. 



PREFACE. 



The following compilation of School Law Decisions is believed to 
be as full and complete as can be made under the circumstances. 

Such decisions have been selected as bear more directly upon those 
cases frequently brought to the attention of school oflScers. 

A close study of these decisions, together with a careful reading of 
the sections of law which they are designed to construe, taken in 
connection with the explanatory notes, will give county superin- 
tendents and other school officers a better understanding of their 
duties and of their relation to each other and to the public. 

In order that those most interested may avoid errors, attention is 
called to a few particulars. 

Neither the county superintendent nor the superintendent of public 
instruction has power to decide the legality of a contested election. 
They are often asked to give an opinion in such cases, but always 
hesitate, because there are usually many important points involved 
which can only be brought out in the courts, where such cases must 
eventually go, unless settled by compromise. County superintend- 
ents may advise mutual concessions, such as justice and equity may 
suggest, but cannot entertain such cases on appeal. 

This department cannot attempt to determine the validity of a con- 
tract. An appeal will lie to determine whether the board, in dismies- 
ing or refusing to dismiss a teacher, acted through mistaken or im- 
proper motives, but the courts alone can pass upon the validity of the 
contract, or enforce its fulfillment. 
2 



10 



PEE FACE. 



In cases where the concurrence of another board is necessary to the 
completion of an action, there can be no appeal from the order of 
the board originating the action. 

County superintendents should give great weight to acts of a board 
purely discretionary in their nature. Unless such acts are plainly 
shown in the testimony to be the result of manifest injustice or 
improper motives, or in some other way an abuse of discretion, the 
action of the board should be affirmed. 

On the other hand, however, the county superintendent is not lim- 
ited to affirming or reversing the action of the board, but he may do- 
on appeal, whatever the board had power to do. This point has been 
long determined, and will be sustained by this department in the 
future. But in all such cases, the county superintendent must be 
able in his decision to show plainly that he is warranted by the evi- 
dence in determining the error of the board. 

While the county superintendent may not compel the attendance 
of witnesses at the trial of an appeal, he may order depositions to be 
taken, in accordance with sections 3692-3696, Code, and thus secure 
the required testimony. 

It would lighten the labors of this office if county superintendents 
would take great care in sending up the transcript. The outside of 
each paper should be so marked as clearly to indicate the contents. 
The pages of the testimony should be carefully numbered, and the 
whole fastened together. The directions given in notes to sections 
1830-1836, should be closely followed. The map, which should be 
sent in all oases where boundaries or sites are in question, should 
show the roads, streams, location of dwellings, and number of school 
age at each residence, with any other information of value to a clear 
understanding of the case. A complete and accurate plat, agreed to 
by all parties as being correct, often furnishes a key to the whole 
situation. 

The same weight given by county superintendents to the discre- 



PREFACE. lY^ 

tionary acts of boards will be given by this department to the discre- 
tion of county superintendents in refusing or revoking certificates. 

We are always glad, as it is a part of our duty, to answer all ques- 
tions from school officers concerning the interpretation of the school 
law. But we think frequent perusal of the decisions following will 
give careful readers the ability to answer for themselves many ques- 
tions likely to arise in the administration of school affairs. 

HENRY SABIN, 
Superintendent of Public Instruction.- 

Dbs Moines, July 1, 1888. 



TABLE OF OASES. 



A. 

Albion, District Township of, Smith v 18 

Amity, Independent District of, Darnell v 103 

Arthur v. Independent District of Fairway 93 

B. 

Baker v. Independent District of Waukon 130 

Bartlett v. District Township of Spencer Ill 

Beard v. District Township of Washington 67 

Belmont, District Township of, Moorman v 53 

Boomer, District Township of. Remington v 5T 

Boyer v. Independent District No. 2, Dutch Township 135 

Brewer v. District Township of Washington 73 

Brighton, District Township of, Woods v 90 

Brown v. District Township of Van Meter 82 

Brown, District Township of, Gordon v 4a 

Brown v. District Township of Richland 17 

Bunn V. District Township of Douglas 64 

Burlington, Independent District of, David v 75 

Buzzard v. Independent District of Liberty 95 

C. 

Caldwell v. Peebles 62 

Cedar, District Township of, Dayton v , 58 

Cedar, District Township of. Miner v 51 

Center, District Township of, Folsom v 141 

Charles City, Independent District of, Harwood v 69 

Chester, District Township of. Hays v 85 

Coffin's Grove, District Township of. Smith v 83 

Colburn v. District Township of Silver Lake 110 

Colcord V. Independent District of Vinton 113 

Cormack v. District Township of Lincoln lOd 



14 



CONTENTS. 



<3ousins V. Independent District Township of Spirit Lake 133 

Crookshank v. District Township of Maine 88 

Curry v. District Township of Franklin — 41 

D. 

Darnall V. Independent District of Amity 103 

David V. Independent District of Burlington 75 

Davis V. District Township of Madison 60 

Dayton V. District Township of Cedar 58 

Deck V. District Township of Eden 139 

Des Moines, District Township of, Handersheldt v 115 

Dobbins and Briggs v. District Township of Salem 24 

Doughertyv. Tracy 29 

Douglas, District Township of, Bunn v 64 

Dunlavy v. Klinginsmith 102 

Dutch, Independent District No. 2, Boyer v .^ 135 

E. 

Eden, District Township of. Deck v 139 

Edwards v. District Township of West Point 35 

Elden, Independent District of, Taylor v 65 

Exira, District Township of, Watson v. 68 

F. 

Eairway, Independent District of, Arthur v 93 

Fisher V. District Township of Tipton 123 

Flynn v. District of Whitebreast 26 

Eolsom v. District Township of Center 141 

Franklin, District Township of, Curry v 41 

G. 

•Galland's Grove, District Township of, Mcintosh v 22 

Gordon v. District Township of Brown. . . 43 

Gosting V. District Township of Lincoln. — 80 

H. 

Hall V. District Township of Massillon 55 

Handersheldt v. District Towhship of Des Moines 115 

Hansel V. District Township of Mallory 117 

Hardy v. District Township of Wyacondah 91 

Harlan Township, District No. 1 v. District No. 2 107 

Harlan Township, District No. 2 v. District No. 1 107 

Harwood v. Independent District of Charles City 69 

Hays V. District Township of Chester 85 

Hays V. District Township of Jelferson 96 

Hubbard v. District Township of Lime Creek 78 



CONTENTS. -j^g 

J. 

Jacoby v. Independent District of Nodaway 104 

Jasper, District Township of, Thompson v 87 

Jefferson, District Township of, Hays v 96 

Johnson v. District Township of Monroe 25 

K. 

Kennon, Orme and Bullock v. Independent District of Nodaway No. 4. 100 

Klinginsmith, Dunlavy v 102 

Koontz V. District Township of Liscomb 127 

L. 

Lester, District Township of, Sipple v 46 

Lewis V. District Township of Woolstock 132 

Liberty, District Township of, Book v 72 

Liberty, Independent District of. Buzzard v 95 

Tiime Creek, District Township of, Hubbard v. 78 

Lincoln, District Township of, Gosting v 80 

Lincoln, District Township of, Randall v 84 

Lincoln, District Township of, Cormack v. 106 

Liscomb, District Township of, Koontz v 127 

Lodomillo, District Township of, Rankin v 108 

M. 

Madison, District Township of, Davis v 60 

Maine, District Township of, Crookshank v 88 

Mallory, District Township of. Hansel v 117 

Maquoketa, District Township of. Smith v 39 

Marshall v. District Township of Marshall 129 

Marshall, District Township of, Marshall v . 129 

Massillon, District Township of, Hall v 65 

Mcintosh V. District Township of Galland's Grove 22 

Miner v. District Township of Cedar 51 

Monroe, District Township of, Johnson v 25 

Monroe, District Township of, Wilson v 98 

Moorman v. District Township of Belmont 53 

N. 

Nodaway, Independent District No. 4, Kennon, Orme and Bullock v. . . 100 
Nodaway, Independent District of, Jacoby v 104 

P. 

Park V. Independent District of Pleasant Grove 120 

Peebles, Caldwell v 62 

Pleasant Grove, Independent District of, Park v 120 



26 CONTENTS, 

K. 

Randall v. District Township of Lincoln 81 

Rankin v. District Township of Lodomillo 108 

Reed v. District Township of Union 76 

Remington v. District Township of Boomer 57 

Richland, District Township of, Brown v 17 

Rook V. District Township of Liberty 72 

S. 

Salem, District Township of, Dobbins and Briggs v 24 

Silver Lake, District Township of, Colburn v 110 

Sipple V. District Township of Lester 46 

Smith V. District Township of Albion 18 

Smith V. District Township of Coffin's Grove 33 

Smith V. District Township of Maquuketa 39 

Spencer, District Township of, Bartlett V: Ill 

Spirit Lake, Independent District Township of. Cousins v 138 

Stine V. District Township of Wahkonsa 21 

T. 

Taylor v. Independent District of Eldon 65 

Thompson v. District Township of Jasper 87 

Tipton, District Township of, Fisher v 123 

Tracy, Dougherty v — 29 

U. 

Union, District Township of. Reed v 76 

V. 

Van Meter, District Township of. Brown v 82 

Yinton, Independent District of, Colcord v 113 

W. 

Wahkonsa, District Township of, Stine v 21 

Washington, District Township of, Beard v 67 

Washington, District Township of, Brewer v 73 

Watson v. District Township of Exira 68 

Waukon, Independent District of. Baker v 130 

West Point, District Township of, Edwards v 35 

Whitebreast, District Township of, Flynn v 26 

Wilson V. District Township of Monroe 98 

Woods V. District Township of Brighton 90 

Woolstock, District Township of, Lewis v 132 

Wyacondah, District Township of. Hardy v 91 



SCHOOL LAW DECISIONS. 



Jane Brown v. District Township of Richland. 
Appeal from Tama County. 

1. Stjbdistrict Boundaries: Change of. In changing subdistrict boun- 

daries, both the present and the future welfare of the district should be 
considered. 

2. Subdistrict: Size of. It is better to have large subdistricts withfgood 

school-houses well furnished, than small subdistricts with small and 
poorly furnished school-houses. 

The board of said district township, at their regular meeting in 
September, 1864, changed the boundaries of certain subdistricts, 
whereby subdistrict number seven and a portion of subdistrict num- 
ber one, were attached to subdistrict number five. 

From this order of the board an appeal was taken to the county 
superintendent who, after a full and fair investigation of the case, 
sustained the action of the board. From his decision an appeal is 
brought to the superintendent of public instruction. 

It is not claimed that either the board or the county superintend- 
ent committed errors in law or exceeded their jurisdiction. Every- 
thing seems to have been done fairly and openly, and a final de- 
cision of the case is asked for solely on the ground of equity and 
justice. 

Appellants claim that subdistrict number seven has a good school 
of thirty-four scholars, and that by the proposed change, three-fourths 
of these pupils will be cut off from school privileges in consequence 
of their distance from the proposed site of the new school-house. 

But it is shown by testimony that by building a bridge across a cer- 
tain stream the distance will be diminished, so that all parties will 
be accommodated. There is no assurance in the record before us 
that the bridge will be built this year or next. Meanwhile a large 
number of children may be deprived of school. As a general rule it 
is better to have large subdistricts with good school- houses well fur- 
3 



18 



SCHOOL LAW DECISIONS. 



Sarah E. Smith v. District Township of Albion. 



nished, than to have small subdistricts with small and poorly fur- 
nished school-houses. 

We believe the board had in view the welfare of the whole district, 
as did also the county superintendent in confirming their action, but 
we can see no injustice in this case in allowing the subdistricts to 
remain another year without change, or until the proposed bridge is 
built. The reason for consolidating the subdistricts now will prob" 
ably exist then, and the occasion for complaint will then be removed. 

In this view of the case we feel compelled to reverse the decision 
of the county superintendent. Reversed. 

ORAN FAVILLE, 
Superintendent of Public Instruction. 

March 1, 1865. 



Sarah E. Smith v. District Township of Albioit. 

Appeal from Hovmrd County. 

Teachers: Bight of, to inflict punishment upon their pupils. A school-master 
who stands in loco parentis may, in proper cases, inflict moderate and 
reasonable chastisement. The law confides to teachers a discretionary 
power in the infliction of punishment upon their pupils, and will not 
hold them responsible criminally, unless the punishment be such as to 
occasion permanent injury to the child, or be inflicted merely to gratify 
their own evil passions. 

The record in this case shows that the plaintiff, Sarah E. Smith, 
entered into a contract with the subdirector of subdistrict number 
two in said district township, to teach a school for four months, com- 
mencing on the 19th of December, 1864. That she commenced her 
school accordingly, and taught until the 30th of January, 1865. That 
on the 29th of January she was notified to meet the board to answer 
to the charge of undue severity in chastising one of her pupils; that 
she attended the meeting of the board and made her defense, but the 
board decided to expel her from her school, paying her for the time 
she had taught. From this action of the board she appealed to the 
county superintendent, who reversed the order of the board, and from 



SCHOOL LA.W DECISIONS. 



19 



Sarah E. Smith v. District Township of Albion. 



the decision of the county superintendent an appeal is brought to the 
superintendent of public instruction. 

It is claimed on the part of the board that the county superintend- 
ent had no jarisdiction, and that he erred in entertaining the appeal 
and reversing the order of the board; but having gone to trial before 
the county superintendent, and having submitted the case, after mak- 
ing their defense, they cannot now plead want of jurisdiction. 

The testimony shows that the pupil, a boy of some twelve years of 
age, did not like the seat assigned him by the teacher, and asked per- 
mission to go out, which was given; that he started toward home; 
that the teacher called to him to come back, threatening to punish 
him if he disobeyed; that he went home and remained out of school 
about a week; that at the close of the school on the day he returned 
the teacher reminded him of the punishment threatened, and pro- 
ceeded to administer it, striking him over the shoulders and back 
with a whip furnished by one of the pupils; that the boy resisted, 
striking back, snatching away the whip and using bad language; that 
the teacher obtained another whip, a willow switch, and administered 
several strokes with it, some of which were across his head and face, 
in consequence of which one of the boy's eyes was apparently in- 
jured. An older brother of the boy then interfered, and the "affray 
ended". 

It does not appear that the teacher punished hastily or in anger, or 
that it would have been too severe, or improperly administered, had 
the boy not resisted. It is doubtful whether the resistance justified 
the teacher in striking the boy across the head and thereby causing 
an injury, fortunately temporary, to one of his eyes. The county 
superintendent regarded this as accidental, and as no permanent in- 
jury was sustained, justified the teacher. 

Much has been written during the last twenty-five years in regard 
to the proper means to be used for maintaining the authority of the 
teacher over the pupils. We can remember when the whip was ap- 
plied very frequently and very severely, when the pupil obeyed from 
fear of punishment, and not from any sense of duty or of respect for 
authority. Since that time there has been a great change; appeals to 
reason, to a sense of duty and to right have been successfully used by 
the most competent teachers. In many schools the rod is excluded. 



20 SCHOOL LAW DECISIONS. 

Sarah E. Smith v. District Township of Albion. 

and yet ready and cheerful obedience is secured from the pupil. We 
wish such a result could be reached in all the schools; that the teacher 
could inspire the pupils with such a love for order, for good govern- 
ment and for rightful authority; with such a love for right doing and 
such a hate for wrong doing, that it would only be necessary to point 
out the path of duty instead of the command to walk in it. While 
family government and the public sentiment of some communities 
may render such a course possible, the want of family government 
and the loose reins given to "Young America" in many communities 
require strong and physical force to hold in subjection unsubdued 
nature. 

All admit that the teacher must maintain authority, and for that 
purpose he is sustained by the highest authorities in inflicting moder- 
ate punishment. 

In Kent's Commentaries, 9th edition, volume 2, page 222, is the 
following: "A school- master who stands in loco parentis^ may in 
proper cases inflict moderate and reasonable chastisement." 

In Wharton's American Criminal Law, 5th edition, volume 1, page 
669, is the following: 

"The law confides to school-masters and teachers a discretionary 
power in the infliction of punishment upon their pupils, and will not 
hold them responsible criminally, unless the punishment be such as 
to occasion permanent injury to the child, or be inflicted merely to 
gratify their own evil passions." State v. JPendergrass, 2 Dev. & 
Bat., 407. 

" On the trial of an indictment of a school master for an assault on 
a pupil the judge refused to instruct the jury that the defendant was 
criminally liable for punishing a pupil only when he acted malo an- 
imo, from vindictive feeling, passion, or ill-will, or inflicted more 
punishment than was necessary to secure obedience, and not for error 
of opinion or judgment, provided he was governed by an honest pur- 
pose to promote discipline and the highest welfare of the school, and 
the best interests of the child ; and instructed them that in inflicting 
corporal punishment a teacher muet exercise reasonable judgment and 
discretion, and be governed as to the mode and severity of the pun- 
ishment by the nature of the offense, the age, size, and apparent 
powers of endurance of the pupil." Commonwealth v. Mandall, 4 
Gray (Mass.), 36. 



SCHOOL LAW DECISIONS. 21 

D. E. Stine v. District Township of Wahkonsa. 

"If there is any reasonable doubt that the punishment was excessive 
the master should have the benefit of it." Lander v. Seaver, 32 Vt. 
(3 Shaw), 114. 

We add the following as having some bearing on this case: 

" Though a school-master has in general no right to punish a pupil 
for misconduct committed after the dismissal of a school for the day, 
and the return of the pupil to his home, yet he may, on the pupil's 
return to school, punish him for any misbehavior, though committed 
out of school, which has a direct and immediate tendency to injure 
the school and to subvert the master's authority." Lander v. Seaver, 
supra. 

Many other authorities might be cited establishing the authority 
of the teacher to inflict punishment necessary for securing obedience 
to reasonable rules. As it is not shown in this case that the rules 
were unreasonable or the punishment severe (the teacher must have 
the benefit of the doubt in regard to the manner of punishing), the 
decision of the county superintendent is 

Affirmed. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

April 22, 1865. 



D. E. Stine v. District Township of Wahkonsa. 

Appeal from Webster County. 

Kecobds: Defective. May be amended. 

The board of supervisors of said county at their regular meeting in 
January, 1865, set off certain territory from the township of Wash- 
ington to the township of Wahkonsa. On the 28th day of the 
same month the board of the district township of Wahkonsa 
made an order conforming the boundary of said district township to 
that of the civil township, and attaching the annexed territory to sub- 
district number one, of the said district township. From this order 
an appeal was taken to the county superintendent, who reversed the 
action of the board, and from his decision the board appeals. 



22 SCHOOL LAW DECISIONS. 

John A. Mcintosh v. District Township of Galland's Grove. 

The only point in issue in this case is whether the board complied 
with the law in changing the boundaries of the district. 

The record of the board is defective in not more particularly de- 
scribing the territory in question and in not having a plat showing 
the change of boundaries. The record, however, shows that provis- 
ion was made for furnishing such a plat, and that the board had at- 
tempted in good faith to regulate the boundaries of the district in 
accordance with a petition of the people to the board of supervisors. 

The law does not limit the time within which the plat shall be 
made and recorded, and as alterations in district boundaries do not 
take effect until the first Monday in March, the board should have 
until that time to complete their records. 

The county superintendent decides that the board acted in good 
faith and for the best interests of the public; and we think he should 
have allowed the board to correct and perfect the district records. 

Reversed. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

June 12, 1865. 



John A. McIntosh v. District Township of Galland's Grove. 

Appeal from Shelby County. 

SCHOOL-HOUSi;: Power of the board to build. If in their judgment the wants 
of a subdistrict require, the board are empowered to erect a school- 
house without action on the part of the electors of the subdistrict. 

The plaintiff appeals from the action of the board, in approving a 
contract for building a school-house in the subdistrict of which the 
plaintiff is a resident, for the following reasons: 

The house was ordered to be built against the wishes of a ma- 
.jority of the electors of said subdistrict. 

A house was already leased for school purposes, and there was no 
need of a new house. 

The county superintendent investigated the case and set aside the 



SCHOOL LAW DECISIONS. 23 

John A. Mcintosh v. District Township of Galland's Grove. 

action of the board in the premises, and from this decision the board 
appeal. 

The record shows that a lease was executed in February, 1863, for 
the use of a house for school purposes in said subdistrict for five 
years. This contract was signed by the lessor and the subdirector; 
but there is no evidence that it was approved by the board or signed 
by its president. No objection seems to have been made to the 
lease on this account. Strict construction of the law, however, would 
not consider this a valid lease. 

At the annual meeting of the electors in said subdistrict in 1864, a 
resolution was adopted requesting the district township meeting to 
levy a tax of five mills on the township for the purpose of building 
a school-house in said subdistrict. It seems that no action was taken 
by the board that year; but at its regular meeting in April, 1865, the 
board authorized the building of a school-house in said subdistrict, 
although no action was taken by the electors at their annual meeting 
in March previous. 

The superintendent reversed the action of the board for the follow- 
ing reasons: 

The board has no right to build a school house unless asked to do 
so by the electors of the subdistrict. 

The subdistrict in question had a house leased for school purposes 
for a term of years. 

The district has no right to force a house upon a subdistrict. 

The first and second positions of the superintendent are not well 
taken; for the evidence shows that the electors in 1864 did request a 
tax to build a house, as the request was not withdrawn in 1865, it was 
still before the board; second, admitting that the lease was valid, the 
circumstances of the subdistrict may have changed so as to require a 
new house, and this may be inferred from the fact that a tax was re- 
quested in 1864. 

His third proposition may, as a general rule, hold true. Yet there 
are cases where the electors of a district township would doubtless be 
justified in voting a tax to build a house in a subdistrict not request- 
ing it. There may possibly be communities feeling so little interest 
in the education of their children that they are not willing to bear a 
share of the expenses necessary to maintain schools. In such cases 



24 SCHOOL LAW DECISIONS. 

Dobbins and Briggs v. District Township of Salem. 

there should be a power somewhere to see that schools are provided, 
and that power must rest with a majority of the electors of the dis- 
trict township and with the board. 

In the above case we feel compelled to differ from the county su- 
perintendent, and his decision is 

Reveesbd. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 
November 15, 1865. 



Dobbins and Briggs v. Distbict Township of Salem. 
Appeal from Henry County. 

1. Appeal. An appeal will not lie from an order of a board initiating a 

change in the boundaries of the district township, where the concur- 
rence of the board of an adjoining district township is necessary to 
efEect the change. 

2. Jurisdiction. The superintendent's jurisdiction on appeal is not 

greater than that of the board from whose action the appeal is taken. 

In January, 1866, the appellees and others presented a petition to 
said board, requesting a change in the boundaries of said district 
township, so that certain residents therein might be set off to the in- 
dependent district of Salem. 

The board decided not to grant the request of petitioners, from 
which decision an appeal was taken to the county superintendent' 
who, after a protracted and patient investigation, reversed the decis- 
ion of the board, and ordered changes to be made in the boundaries 
of the district township, by which certain territory was transferred 
to the independent district, and from his decision an appeal is taken 
to the superintendent of public instruction. 

This is an interesting case, from the fact that it presents a question 
not before determined, to-wit: whether the county superintendent has 
jurisdiction in a matter requiring the concurrent action of different 
school boards. If this question is answered in the affirmative, then 



SCHOOL LAW DECISIONS. 25 

C. W. Johnson v. District Township of Monroe. 

the various points raised by counsel must be examined, and the case 
must be determined on its merits; but if answered in the negative no 
discussion of the various issues raised is necessary. 

It has heretofore been held and is still held, that the county super- 
intendent has authority to affirm or reverse the action of school boards 
in changing the boundaries of subdistricts; but all cases of this 
kind hitherto determined have been confined to the action of boards 
affecting territory within their respective district townships. The 
present case relates to the transfer of territory from the district town- 
ship, under the control of one board, to the independent district un- 
der the jurisdiction of another board. The cases are not analogous. 
In the former case the board has complete authority, and the action 
taken is final, unless reviewed within a limited time; but in the latter 
case, one board initates a movement which is completed or not at the 
option of another board. In other words, neither board has complete 
jurisdiction; and it necessarily follows that the county superintend- 
ent, having only appellate jurisdiction, cannot assume original juris- 
diction and do what the board could not do, from whose action the 
appeal was taken. 

Having arrived at this conclusion, in which we are sustained by the 
attorney-general, we feel obliged to disagree with the county superin- 
tendent, and his decision is therefore 

Reversed. 
ORAN FAVILLE, 

Superintendent of Public Instruction. 
July 23, 1866. 



C. W. Johnson v. District Township of Monroe. 

Appeal from Madison County. 

School-house Tax. Where it has been the uniform custom to apportion 
the school-house tax among the several subdistricts, the board are not 
governed by a vote of the electors instructing them to levy the tax di- 
rectly upon the property of a subdistrict. 

In April, 1866, the board of said district township decided to levy 
a tax for building a school house in subdistrict number one, on the 
4 



26 



SCHOOL LAW DECISIONS. 



C. D. Flynn v. District Township of Whitebreast. 



property of said subdistrict, instead of apportioning it among the 
several subdistricts. From this decision an appeal was taken to the 
county superintendent, who reversed the action of the board, and 
from his decision an appeal is brought to this office. 

The evidence shows conclusively that it has not been the custom 
for each subdistrict to build its own school-house, and the only reason 
the board can assign for its action is an expression of the electors of 
the district township that hereafter each subdistrict be required to 
build its own school-house. 

The law is plain and positive on this subject, and it is extremely 
doubtful whether the electors can instruct the board to pursue a 
course contrary to that laid down in the law. If such a vote of the 
electors is binding at all on the board, it should be a unanimous vote 
of all the electors of the district township; and even then the board 
would not be -justified in acting contrary to justice and equity. 

The county superintendent in his decision says: "The board 
therefore, should have apportioned the amount necessary to 
build a school house in subdistrict number one among the several sub- 
districts, taking as a basis of apportionment the amounts previously 
levied on said subdistricts for school-house fund." 

I entirely agree with the county superintendent, and his decision 
is Affikmbd. 

ORAN FAVILLE, 

Superintendent of Public Instruction. 
August 10, 1866. 



C. D. Flynn v. District Township of Whitebrea.st. 

Appeal from Lucas County. 

Subdistrict Boundaries: Change of. The county superintendent may 
on appeal, redistrict. A refusal by the board to act upon a petition to 
redistrict is an act from which an appeal will lie. 

In September, 1866, plaintiff and others presented to defendants a 
petition to redistrict the township; and a motion was adopted to "re- 
district the township as they thought best for the interests of the 



SCHOOL LAW DECISIONS. 21 



C. D. Flynn v. District Township of Whltebreast. 



township and of the people." At a special meeting held in Novem- 
ber to carry out that action, the former motion was reconsidered, and 
a motion adopted to let the boundaries of the subdistricts remain as 
they were. From this decision of the township board, plaintiff ap- 
pealed to the county superintendent, who dismissed the case on the 
ground that the board, having made no change in the subdistrict 
boundaries, there was no action to appeal from, the plaintiff was not 
aggrieved, and hence the county superintendent had no jurisdiction. 

The question of the jurisdiction of the county superintendent in 
this case, is the only one which requires examination. 

The counsel for appellees confine their argument to two points: 

The county superintendent has no jurisdiction, either original or 
appellate, over the question of fixing or changing the boundary lines 
of subdistricts. 

If the county superintendent has appellate jurisdiction to review 
the action of the board in changing or fixing said boundary lines, yet 
he could not exercise it in this case, for the reason that there was no 
action of the board from which an appeal would lie. 

The first point is based on section 31, chapter 1, of the school laws 
now in force. Preceding sections define the powers of the board; 
but said section 31 contains limitations of those powers. One of the 
limitations is — " nor shall the boundaries of subdistricts be changed 
except by a vote of the majority of the board." This, when taken in 
connection with the context, evidently means, merely, that when a 
change in subdistrict boundaries is made by the board, said change 
must receive the sanction of a majority of all the members of the 
board, and is not intended to deny, neither does it deny, the appellate 
jurisdiction of county superintendents in the change of subdistrict 
boundaries. Of course it is not true, neither is it claimed, that super- 
intendents have original jurisdiction in making such change. 

In the discussion of the second point, by the substitution of the 
word "action" for the terms "decision or order" used in the law, and 
ingeniously attaching to that word a signification of something done 
beyond the mere adoption of a resolution, such, for instance, as the 
actual redistricting of the township, the counsel make a very plausi- 
ble argument, in which it is clearly seen that no one could be ag- 



28 SCHOOL LAW DECISIONS. 

C. D. Flynn v. District Township of Whitebreast. 

grieved by an act when no act was done, hence, there was no ground 
for appeal. 

But the language of the law is that " any person aggrieved by any 
decision or order" of the board may appeal. Was there a " decision 
or order" made by the board, and was any person aggrieved thereby? 
It appears from the transcript of the secretary, that the board did de- 
cide to " let the subdistrict boundaries remain as they were," and 
passed a motion or "order" to that effect. The action of the board in 
November, though virtually merely an order of refusal, is proper 
ground for appeal, provided any person was aggrieved thereby ; and 
in this decision I am sustained by the opinion of the attorney-general. 

It only remains to inquire whether any person might have been ag- 
grieved by this action of the board. The affidavit of the plaintiff 
sets forth that "a larger number of subdistricts and school-houses are 
imperatively demanded to accommodate the children of the district"; 
and in the hearing before the county superintendent, plaintiff re- 
quested an opportunity to introduce evidence to that effect. 

Facilities for the education of children are among the most highly 
cherished privileges enjoyed by intelligent citizens; and it may easily 
be conceived that persons may be aggrieved by a refusal to grant such 
facilities as are "imperatively demanded." 

The county superintendent erred in sustaining the motion to dis- 
miss; and the ca^e is therefore remanded for a hearing upon its mer- 
its. In the event that the finding shall be for the plaintiff, the county 
superintendent may himself redistrict the township, as justice, equity 
and the interests of the people require. 

Reversed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

April 19, 186Y. 



SCHOOL LAW DECISIONS. QQ 



Maria L. Dougherty v. L. D. Tracy, County Superintendent. 



Maria L. Dougherty y. L. D. Tracy, County Superintbndknt. 

Ap2:)eal from Grundy County. 

1. Revocation of Teacher's Certificate. The order of a county su- 
perintendent revoking a certificate will not be interfered with on appeal 
unless it appears that he acted from passion or prejudice. 

2. . Opinions unsupported by facts cannot be received as satisfactory 

evidence of prejudice. 

April 1, 1867, L. D. Tracy, superintendent of common schools 
for the county of Grundy, revoked the certificate of Maria L. Dough- 
erty, a teacher of said county, on the alleged ground of incompetency 
to properly govern and control a school. A notice of the revocation 
made out in due form, was served upon the secretaries of the several 
district townships; but no notice of the revocation was served by the 
superintendent on the plaintiff. 

The plaintiff appealed to the superintendent of public instruction, 
who by circular of May 15, 1867, directed that the case should be 
heard by the county superintendent. Such hearing took place June 
7, 1867. During the examination twenty -three persons, patrons and 
pupils, testified to the good order of the school, and the general good 
character and reputation of the plaintiff as a teacher. Fourteen per- 
sons made affidavit that they believed plaintiff's certificate was re- 
voked from personal prejudice. 

One witness called by the defense testified that the school was not 
governed as well as it might have been; that he several times heard 
cursing and swearing on the school grounds at noon and recess. Three 
persons testified that they did not believe the superintendent revoked 
plaintiff's certificate from prejudice or passion. Nineteen persons 
certified that they believed Mr. Tracy to be a competent and impar- 
tial officer, and free from any malicious administration. 

The county superintendent, disregarding the weight of evidence in 
regard to the plaintiff's qualifications, affirmed his previous decision 
revoking plaintiff's certificate, and certified that the act was done with- 



30 



SCHOOL LA.W DECISIONS. 



Maria L. Dougherty v. L. D. Tracy, County Superintendent. 



out prejudice or passion toward the plaintiff, and that he was impelled 
to that conviction, which was the result of personal observation and 
knowledge, that plaintiff was incompetent to govern a school prop- 
erly. 

From that decision the plaintiff appeals. 

If this case could be determined by the weight of evidence in regard 
to the plaintiff's ability to govern a school properly the decision would 
be in plaintiff's favor. But there are other elements for consideration. 
The county superintendent is clothed with large discretionary powers. 
So great has this discretion been regarded that it has been held by 
previous incumbents of the office of superintendent of public instruc- 
tion that the refusal to grant a teacher's certificate or the revocation 
of such certificate by a county superintendent was an act so wholly 
discretionary that it was not subject to revision. The circular of May 
15, 1867, from this department, maintaining the right of appeal in 
such cases was not intended to curtail the discretionary power of 
county superintendents, but to point out a way in which its abuse 
might be corrected. 

In the absence of special statutory provisions in regard to the man- 
ner of hearing appeals, it is presumed that general principles are ap- 
plicable. 

It may not be amiss at this time to enunciate some general princi- 
ples which will be observed in the adjudication of this and similar 
cases. 

I. The discretion of a county superintendent in refusing or revok- 
ing a teacher's certificate will not be interfered with by the superin- 
tendent of public instruction unless it is clearly shown that the county 
superintendent in such act violated the law in letter or spirit, or was 
influenced by passion or prejudice. This position is believed to be 
correct in the light of both principle and public policy. The general 
rule is, "the supreme court will not interfere with the decisions of the 
district court in cases where the latter has a discretionary power, un- 
less it is fully apparent that such power has been abused." Ham- 
mond's Iowa Digest, page 65. Numerous cases might be cited in 
support of this rule, but such citations are deemed unnecessary. The 
county superintendent is presumed to be selected from among his 
fellow citizens on account of his ability to exercise a sound discretion 



SCHOOL LAW DECISIONS. 



31 



Maria L. Dougherty v. L. D. Tracy, County Superintendent. 



in the discharge of the important duties of his office. He is bound 
by a solemn oath to discharge his trusts with fidelity. He is on the 
ground and has a personal knowledge of the circumstances. He can 
judge of the educational requirements of his county better than an- 
other person, scores of miles distant. In his examination of teachers 
and in his visits to their schools he can judge of the teacher's com- 
parative and actual merit and ability better than those who have less 
extended opportunities for observation. He is responsible to his con- 
stituents for the manner in which his duties are performed. His official 
acts may be reviewed and modified or annulled by the superintendent 
of public instruction. Frequent interference with the discretion of 
county superintendents would tend to bring their authority into con- 
tempt, and unsettle the foundations of our school system. While, 
then, the right to review an abuse of discretion is reserved, and the 
right to reverse an illegal decision maintained, the discretion of county 
superintendents will not be interfered with unless such interference 
is necessary to secure justice or vindicate law. 

II. The proof of the violation of law, or of the influence of passion 
or prejudice in the performance of official duty must be clear and con- 
vincing. Mere opinion, unsupported by facts, is insufficient to estab- 
lish the allegation of passion or prejudice. "As a general rule, wit- 
nesses, unless experts, should state facts, not opinions." Whitmore v. 
Bowman, 4 G. Greene, (Iowa), 148, "Except when given by experts, 
evidence of mere opinion is not competent, unless upon some controll- 
ing ground of necessity: resulting from the nature of the inquiry." 
Dalzell V. City of Davenport, 12 Iowa, 437; Banforth, Dennis c& Co. 
V. Carter db May, 4 Iowa, 230. 

In the light of these principles, which are believed to be correct 
and proper, conclusions may be readily formed. 

It is held that it is not necessary for the county superintendent to 
notify the plaintiff of his intention to revoke her certificate before 
taking such action; neither does the law require him to serve a copy 
of the revocation upon the plaintiff, subsequently. Courtesy and pro- 
priety, however, would dictate that the teacher should receive imme- 
diate notice of the revocation from the county superintendent. 

The rulings of the county superintendent on the admission of evi- 



32 SCHOOL LA.W DECISIONS. 

Maria L. Dougherty v. L. D. Tracy, County Superintendent. 

dence have no material effect on the final decision of the case, hence 
the exceptions of the plaintiff thereto are passed over. 

The revocation of a teacher's certificate is adjudged to be an act of 
discretion on the part of the county superintendent, which will not 
be interfered with, without satisfactory proof of illegality or of prej- 
udice. 

In this case, while the weight of testimony is favorable to plaintiff's 
qualification, and opinion is conflicting in regard to prejudice, there 
is not a single fact adduced in the testimony upon which the theory 
of prejudice can be based. On the other hand the county superin- 
tendent headed a subscription to pay plaintiff's board, and was the first 
to pay said subscription. During the term he told the subdirector 
that the plaintiff must be sustained in her government of the school 
at all hazards; and these facts indicate the absence of prejudice. The 
mere opinion of witnesses, unsupported by factp, cannot be received 
as satisfactory evidence of prejudice. 

Some embarrassment is experienced in this case from the circum- 
stance that the plaintiff belongs to that gentler sex to which we are all 
educated to do homage, and the idea is largely prevalent that they 
are not amenable to law in an equal degree with the opposite sex; but 
having a high regard for the rights of women, we dare not pervert 
law even to shield them from its operation. We are therefore com- 
pelled to affirm the decision of the county superintendent. 

Affirmed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

October 1, 1867. 



SCHOOL LAW DECISIONS. 



33 



Benjamin Smith v. District Township of Coffin's Grove. 



Bbnjamjn Smith v. District Township op Coffin's Grovb. 
Appeal from Delaware County. 

1. Proceedings, In the absence of proof to the contrary, the legal pre- 
sumption is that the proceedings before the county superintendent were 
entiiely regular, 

2. Explanatory Notes: Force of. Notes to the school law, while proper 
aids to school officers, have not the binding force of law, and a non- 
compliance with them is not necessarily a violation of law. 

On the petition of the electors of subdistriot number one, Coffin's 
Grove district township, the board thereof located the site of a 
proposed new school-house "just east of the burying ground, on 
the right hand side of the road, adjoining the corner of Mr. Brook's 
field." From this action plaintiff appealed to the county superin- 
tendent on the 25th of March, by whom the case was heard April 
19,ni86Y. On the 13th of June the county superintendent issued 
an order re-locating the site three-fourths of a mile further south, 
and at or near the center of the subdistriot. From this order an 
appeal is taken, and thus the case comes up for review. 

The appellants claim a reversal of the county superintendent's de- 
cision on the ground: 

1. That the county superintendent had no jurisdiction in the 
matter. 

2. That the county superintendent erred in not taking the deposi- 
tions of witnesses in writing and having the same signed and sworn 
to by the witnesses. 

3. That the county superintendent erred in not making up his 
record at the time of the trial. 

4. On the merits of the case. 

The denial of the county superintendent's jurisdiction is based on 
the fact that the original affidavit does not state that the appeal was 
taken within thirty days of the action of the board complained of, 
and reference is made to page 5Y of "explanatory notes," in which it 
is stated that this fact should appear, though there is no such specific 
5 



34 



SCHOOL LAW DECISIONS. 



Benjamiu Smith v. District Townsliip of CofiQn's Grove. 



requirements in "An act to provide for appeals." The question natur- 
ally arises as to the legal force of these " explanatory notes." Have 
they the effect of statutory provisions, or otherwise? While the right 
of every tribunal to establish rules and regulations not inconsistent 
with law, must be admitted, these " explanatory notes " made by the 
superintendent of public instruction are not legal enactments, nor 
" rules and regulations," and so far from being mandatory in their 
character are merely advisory and directory, and intended for the 
assistance and guidance of school officers. They are a commentary 
on the school law; and as they are replete with good common-sense 
suggestions, their observance will render the administration of the 
school law more accurate and satisfactory; but a non-compliance with 
them is not necessarily a violation of law. 

It must be admitted that an affidavit which does not state the date 
of the decision or act complained of is very carelessly drawn, and a 
superintendent might be justified in refusing to entertain it; but if 
it be entertained, it is still competent for the opposite party to show 
that the thirty days allowed by law had expired previous to the filing 
of the affidavit, and thus secure the dismissal of the case. The law 
gives the superintendent jurisdiction within thirty days, and the state 
superintendent could not by any rule or regulation annul the statutory 
provisions. It is not even claimed by appellants that the time for 
taking appeal had expired, and the date of petitions submitted to the 
board indicate that it had not expired. In the absence of proof to 
the contrary, the legal presumption is that the proceedings before the 
county superintendent were entirely regular, and therefore the juris- 
diction of the superintendent must be sustained. 

The second and third errors assigned by appellants are also based 
on "explanatory notes" instead of upon the law, and cannot be sus- 
tained for reasons previously given. While there were things in the 
management of this case from which we must withhold our commen- 
dation; as there seems to have been a substantial compliance with'the 
law, we do not feel justified in dismissing it without an examination 
of its merits. 

The county superintendent gave due notice of the hearing in writ- 
ing to all the electors of the subdistrict. On the day of hearing sev- 
eral persons appeared, but no "evidence on either side was offered," 



SCHOOL LA.W DECISIONS. 



35 



Jcfeeph F. Edwards et al. v. District Townsliip of West Point. 

ezcept the original affidavit of Benjamin Smith. The record of the 
<jounty superintendent goes on to say: "But to satisfy myself in 
regard to the number of inhabitants that would be accommodated 
best by the site remaining where it is at present located by said 
board," Nelson Bly, James McBride and Harry Baker were sworn. 
"Nelson Bly stated that about thirty families lived in said subdistrict, 
and that only about one third would be accomodated by the site 
remaining where it is at present located by said board. James Mc- 
Bride corroborated the statements made by Nelson Bly." After 
Henry Baker was sworji "so much confusion and controversy arose'' 
that it was found "almost impossible to preserve order," and the 
superintendent "proceeded to view the different sites." 

Among the papers sent up by the district secretary were two peti- 
tions to the board, one signed by fifteen persons asking that the site 
should be located "at or near the corner of Mr. Brook's field;" the 
other signed by twenty-three persons, asking that the site be "estab- 
lished as near as practicable in the center of the subdistrict." 

In view of the facts before us we cannot do otherwise than sustain 
the county superintendent, whose decision is 

Affirmed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

December 16, 1867. 



Joseph F. Edwabds et al. v. District Township of West Point. 

Appeal from Lee County. 

1. Appeal. The right of appeal is not limited to cases of personal griev- 
ance. 

2. Discretionary Acts. The county superintendent having only appel- 
late jurisdiction, should not reverse discretionary acts of the board, 
without explicit and clearly stated proof of the abuse of such discretion, 
even though not fully approving their action. 



36 



SCHOOL LAW DECISIONS. 



Joseph F. Edwards et al. v. District Township of West Point. 

3. SuBDiSTBiCT Boundaries: Change of. The acts of a board changing 
subdistrict boundaries and locating school-houses are so far discretion- 
ary that they should be affirmed on appeal, unless it is shown that there 
has been an abuse of discretion. 

September 16, 1867, the board of the district township of West 
Point, Lee county, transferred one hundred and twenty acres of land 
belonging to one Timothy Allen, from subdistrict number one to sub- 
district number three, in the same district township. From this 
alteration of subdistrict boundaries, Joseph F. Edwards et al. ap- 
pealed to the county superintendent, by whom the order of the board 
was reversed. From this decision of the county superintendent, 
Timothy Allen appeals to the superintendent of public instruction. 

It is not claimed that the board exceeded their powers in changing 
boundary lines, or in any respect violated law. While equality 
among the several subdistricts, in area, population, and taxable prop- 
erty, is in some respects desirable, it is not required by law, and in 
fact is impracticable. The claim in the argument of appellees that 
the action of the board was necessarily wrong, because it had the 
effect to increase the inequality in some or all of these respects, ia 
not well founded. It is an element which should receive proper con. 
sideration, but it will not always exercise a controlling influence. 

Mr. Nourse, in his argument for appellant, claims that "no right, 
of appeal existed in the plaintiffs who took the case to the county 
superintendent"; hence, the county superintendent was without juris- 
diction. He claims that to entitle a person to the right of appeal 
the grievance must be of a personal character — one that effects the 
rights or interests of the individual as distinguished from the public. 
In support of this view he refers to the following decisions by our 
supreme court: Humphrey v. Ball, 4 G. Greene, 204; Myers v. Simms, 
4 Iowa, 500; McCune v. Swafford, 5 Iowa, 552; Lippencott v. Allander, 
23 Iowa, 536. In all of these cases it is held that there is no appeal 
from the county court or the board of supervisors, unless the griev- 
ance is of a personal or individual character as distinguished from 
the public; and hence by analogy it is claimed that there is no appeal 
from the board of school directors unless the grievance is of a like 
character. If the right of appeal in the two cases was derived from 
the same statute, the decisions cited above would be conclusive. But 
these decisions are based upon section 267, Revision of 1860, in which 



SCHOOL LAW DECISIONS. 37 

Joseph F. Edwards et al. v. District Townsliip of West Point. 

the right of appeal is limited to " any matter affecting the rights or 
interests of individuals as distinguished from the public," etc.; while 
appeals to county superintendents are based on section 2133, Revis- 
ion 1860, which provides that "any person aggrieved by any decis- 
ion or order of the district board of directors in matter of law or 
fact," may appeal, etc. 

As section 2133 does not limit the right of appeal in cases of per- 
sonal grievance, the decisions cited have no application in the case 
under consideration. 

The important point upon which the issue in this case must turn 
remains to be stated. The meeting at which the change of subdis- 
trict boundaries was made was attended by six of the eight members 
of the board, and after a full discussion of the proposed change and 
an examination of plats of the district, the change was made by 
unanimous vote, and subsequently approved by one of the absent 
members. The remaining subdirector, who resides in the subdistrict 
from which the territory was taken, opposes the change. It is not 
claimed that the law was violated in the change, but only that the 
educational interests of the district were impaired. 

The question is not so much one of law as of sound judgment and 
discretion. The change was approved by seven of the eight members 
of the board, who reside in different parts of the township, six of 
whom at least are absolutely without personal interest in the matter. 
It is opposed by one whose pecuniary interests are contingently ad- 
versely affected. The county superintendent opposes his judgment 
to the judgment of the board. What, in such a case, is the duty of 
the ultimate tribunal. 

The superintendent of public instruction has, as in duty bound, an 
earnest desire to sustain the acts and decisions of county superintend- 
ents. The legal presumption is always in favor of the correctness of 
oflScial acts and decisions. While the state superintendent applies 
this principle to county superintendents, it is equally incumbent upon 
them to apply it to the decisions or orders of district boards of direct- 
ors. It not unfrequently happens that county superintendents decide 
appeal cases upon their own judgment and discretion as if thay had 
original, instead of appellate jurisdiction; and fail to give that con- 
sideration to the discretion of district boards, which the above prin- 
ciple requires. 



38 



SCHOOL LAW DECISIONS. 



Joseph F. Edwards et al. v. District Township of West Point. 

The law prescribing the duties of boards of directors is, in some 
respects, mandatory, requiring that certain specified duties shall be 
performed in a particular manner. In other cases, the board acts as 
a local legislature, and its action is discretionary. Among these dis- 
cretionary powers, though not including all of them, are the estab- 
lishment and change of subdistrict boundaries and the location of 
school-houses. It has been doubted by some whether an appeal to the 
county superintendent, from acts of the board wholly discretionary, 
would lie. While the right of appeal in such cases is maintained, the 
real character should not be lost sight of; and the action of the board 
within the limits of the law should not be reversed unless it is evident 
that it acted with passion, prejudice, or manifest injustice. It is a 
general principle in law that the exercise of discretionary power will 
not be interfered with unless it is fully apparent that such power has 
been abused. For further remarks on discretionary power and the 
manner of proving its abuse, reference is made to the case of Dough- 
erty V. Tracy, county superintendent. 

In changing subdistrict boundaries, and locating school-houses, the 
law gives the board of directors original jurisdiction, and as it is dis- 
cretionary power the action of the board should be affirmed on appeal, 
unless it is fully apparent by the evidence that the board violated law 
or abused its discretion. If there is reasonable doubt the board is enti- 
tled to its benefit. The action of the board may not be wholly approved 
by the judgment of the county superintendent, but if it be not illegal 
or clearly unjust it should be sustained. When, however, county su- 
perintendents feel called upon to reverse decisions of school boards, 
they should give a clear and explicit statement of their reasons for so 
doing, that the superintendent of public instruction may be the better 
enabled to judge of the soundness of their conclusions. 

These general remarks have been made with a view to guide county 
superintendents in their decisions, as well as to indicate some of the 
principles which will be observed by the superintendent of public in- 
struction in the adjudication of similar cases. 

In the particular case under consideration, the board of directors, 
with unusual unanimity, performed a discretionary act. It is not 
claimed that this act was illegal or the board was influenced by im- 
proper motives. It is not satisfactorily proven that the act was 



SCHOOL LAW DECISIONS. 39 

James C. Smith v. District Township of Maquoketa. 

unjust. In our opinion, the evidence does not sustain the county 
superintendent in annulling the order of the board, and his decision 
is therefore 

Reversed. 
D. FRANKLIN WELLS. 
Superintendent of Public Instruction. 
February 15, 1868. 



James C. Smith v. District Township op Maquoketa. 
Appeal from Jackson County. 

1. Affidavit. The affidavit may be amended when such action is not 

prejudicial to the rights of any party interested. 

2. County Superintendent. May upon appeal create subdistrict. 

At the regular semi-annual meeting of the board of directors of the 
district township of Maquoketa, in September, 1867, Jacob Markle and 
twenty-seven others presented a petition, asking that all of that portion 
of subdistrict number five, lying south of the Maquoketa river, should 
be set off into a separate subdistrict. The prayer of the petition was 
refused, whereupon James C. Smith, one of the petitioners, appealed 
to the county superintendent, who reversed the action of the board 
and created a new subdistrict south of the river. From this decision 
D. F. Farr and E. H. Patterson appealed to the state superinten- 
dent. 

The evidence discloses the following facts: Subdistrict number five 
is divided by the Maquoketa river into two nearly equal portions, the 
school-house being situated on the north side of the river. Said river 
is a navigable stream, the only means of crossing it being the ice in 
winter and a ferry in summer. It is subject to freshets, and obstruc- 
tions from ice, so as to be impassable for days in succession. The 
weight of evidence shows the river to be such an obstruction that 
children cannot, with reasonable facility, enjoy the advantages of a 
school on the opposite side from that on which they reside. That 
this difficulty was recognized by the board is evidenced by the fact 



40 SCHOOL LAW DECISIONS. 

James C. Smith v. District Township of Maquoketa. 

that an appropriation of forty dollars was made last summer to sup- 
port a school in that part of the subdistrict south of the river. Some 
children have never attended school north of the river because their 
parents consider the crossing of the river fraught with danger. 
The appellant assigns three errors: 

1. The insufficiency of the affidavit of J. C. Smith, and the oonse 
quent want of jurisdiction by the county superintendent. 

2. That the county superintendent permitted said affidavit to be 
amended on the day of trial, thus admitting its insufficiency. 

3. That the county superintendent divided said subdistrict num- 
ber five into two subdistricts. 

The system of appeals to county superintendents was inaugurated 
to provide a speedy and inexpensive method of adjusting difficulties 
arising in the administration of school laws. From the ^act that 
many of the cases arising are prosecuted by the parties interested 
without the intervention or assistance of lawyers, no very stringent 
rules of practice have been adopted. The object of this system of 
appeals is to promote uniformity in the operation of school laws, and 
the attainment of substantial justice; and this object should not be 
defeated by technical objections. 

While the affidavit of said Smith was not as full as it is customary 
to make such papers, it yet had such completeness as enabled the 
county superintendent to obtain a transcript of the proceedings of 
the board relating to the alleged grievance; and the ruling of the 
county superintendent on the first two points is sustained. It is 
neither intimated nor believed that the irregularities complained of 
prejudiced the interests of appellants. 

The law imposes equal burdens upon all property in the township 
for contributions to the teachers fund and the contingent fund, and 
it contemplates that all the youth of the state shall enjoy as nearly 
as practicable equal educational facilities. The county superintend- 
ent, by his appellate jurisdiction, had power to create the new subdis- 
trict. As by the evidence, the youth south of the river could not 
with reasonable facility enjoy the advantages of a school on the north 
side the county superintendent was justified in interfering with the 



SCHOOL LAW DECISIONS. 41 



S. L. Curry v. District Townslilp of Franklin. 



discretionary powers of the board, and in establishing a new subdis- 
trict south of the river. 

Affikmkd. 
D. FRANKLIN WELLS, 

Superintendent of Public Instruction. 
February 15, 1868. 



S. L. Curry v. District Township op Franklin. 

Appeal from Decatur County. 

1. County Superintendent. Has no jurisdiction of an appeal until an 
aflldavit is filed. 

2. Affidavit. An aflfldavit is a statement in writing, signed and made 
upon oath before an authorized magistrate. 

3. Notice. The county superintendent should not issue notice of final 
hearing until both the afladavit and transcript of the district secretary 
have been filed in his office. 

4. Discretionary Acts. May be reversed on appeal, but should not be 
disturbed except upon evidence of unjust exercise or abuse. 

December 16, 1867, at a special meeting of the board, a vote to 
change the boundaries of subdistricts in the district township of 
Franklin, Decatur county, so as to form a new subdistrict in accord- 
ance with the prayer of petitioners, resulted in a tie. From this 
virtual refusal to act, 8. L. Curry appealed to the county superintend- 
ent, who on the Slst of the same month formed a new subdistrict. 

Appellant alleges in his affidavit that the county superintendent 
assumed jurisdiction of this case without warrant of law; that there 
never was " at any time an affidavit or any other statement in said 
appeal case filed in the office of" the county superintendent; hence 
the want of jurisdiction. 

The " act to provide for appeals," section two, provides that " The 
basis of proceeding shall be an affidavit, filed by the party aggrieved, 
with the county superintendent, within the time allowed for taking 
the appeal." An affidavit is a statement in writing, signed and made 



42 SCHOOL LA.W DECISIONS. 



S. L. Curry v. District Township of Franklin. 



upon oath before an authorized magistrate. A county superintendent 
can have no proper jurisdiction of an appeal case until such affidavit 
has been filed. A notice of intention to file an affidavit, a verbal 
complaint, or a petition, is not sufficient to give the county superin- 
tendent jurisdiction in appeal cases. The affidavit setting forth " the 
errors complained of in a plain and concise manner" must be in his 
hands before he is justified in commencing proceedings. The deci- 
sion of the superintendent recites that the affidavit was filed Decem- 
ber 21, which might be taken as conclusive, if it was not contradicted 
by the record. The transcript shows that said affidavit was not sub- 
scribed and sworn to until December 28, hence we do not clearly see 
how it could have been filed on the 21st. 

December 24, four days before the affidavit was made, and which 
appellant alleges was never filed with the superintendent, said super- 
intendent gave notice to the parties that the hearing would take 
place on the 30th. This proceeding, as an appeal case, was entirely 
unauthorized by law; and as he commenced proceedings in disregard 
of the plain provisions of law and without legal jurisdiction, his de- 
cision is annulled. In may be said, and not without authority, that 
as both parties responded to the notice, and came before the superin- 
tendent, that he thereby acquired jurisdiction; but we feel unwilling 
to sanction disregard of law by approving such great irregularities. 

Without touching the real merits of the question at issue, the 
formation of a new subdistrict, which we are willing to leave to the 
local authorities, we refer briefly to a few points of law raised by 
appellants: 

1. The county superintendent should not issue notice of final hear- 
ing until both the affidavit and the transcript of the district secretary 
have been filed in his office. 

2. The law does not require that a revenue stamp shall be affixed 
to an affidavit; hence the neglect to cancel such stamp when affixed is 
immaterial. 

3. Though the change of subdistrict boundaries by the board is a 
discretionary act, it may be reviewed by the county superintendent, 
on appeal; but the decision of the board should not be disturbed 
unless said discretionary power has been abused or exercised un- 
justly. 



SCHOOL LAW DECISIONS. 43; 

C. S. Gordon v. District Townsliip of Brown. 

4. The county superintendent should have received the remon- 
strances offered on trial in evidence, and exercised his judgment as 
to their weight and value. 

Reveesbd. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 
March 26, 1868. 



C. S. Gordon v. District Township of Brown. 

Appeal from Linn County. 

1. District Township. Should not ordinarily contain more than nine 

subdlstricts. 

2. County Superintendent. Should not reverse an action of the board 

which is in accordance with instructions of the superintendent. of public 
instruction. 

3. Subdistrict: Size of. There are serious objections to the formation of 

small subdlstricts. 

The board of the district township of Brown, Linn county, Iowa, 
at a meeting held February 8, 1868, and attended by all the members 
of the board, except one, voted unanimously to redistrict the district 
township, and to relocate school-house sites in accordance with a de- 
cision of the superintendent of public instruction, rendered January 
18, 1868, and in accordance with a plat submitted. From the action 
of the board in this matter Charles S. Gordon appealed to the super- 
intendent, by whom the case was heard March 12, 1868, and whose 
decision, rendered the following day, reversed the action of the board, 
on the ground of alleged non-compliance with the decision of the 
superintendent of public instruction, as rendered on the said January 
28, 1868, in the case of Gordon v. District Township of Brown. 

The decision of the superintendent of public instruction above 
referred to, was provisory. It declared that if the board of directors 
should promptly make certain changes therein indicated, that the 
decision of the county superintendent, made November 12, 1867,. 



_^ SCHOOL LAW DECISIONS. 

C. S. Gordon v. District Township of Brown. 

forming a new subdistrict, should be void; otherwise, in full force 
and effect. It required that school-house sites should be selected " at 
or near" certain points named; thus giving the board limited discre- 
tion in their location, and full discretion in regard to the boundaries 
of subdistriots. In one instance, a site was selected about one-fourth 
of a mile from the point indicated; but as the plat showed that it was 
at the crossing of two roads, and that is was nearer the center of the 
subdistriot as established by the board, this variation was approved. 
The other sites selected by the board did not vary from the points 
indicated in the decision. The changes made by the board on the 
said eighth day of February, were submitted to the superintendent of 
public instruction, who, March 3, gave them his official sanction and 
approval. 

Mr. Gordon's appeal was based principally upon the fact that one 
of the sites, as explained above, was not at the precise point indicated 
by the decision of the superintendent of public instruction; and 
hence, as the board had not strictly complied with the proviso of said 
decision, the decision of the county superintendent, made November 
12, 1867, establishing a new subdistrict, was in full force and effect, 
and should have been regarded by the board. 

In support of its action the board offered in evidence the official 
approval of the superintendent of public instruction; this, however, 
was ruled out by the county superintendent, on the alleged ground 
that it was "ea; parte testimony" obtained by one party after the in- 
auguration of the appeal, without notice to the other party. In this 
ruling the county superintendent erred. The decision of the super- 
intendent of public instruction being provisory, it was competent for 
him to confirm the subsequent action of the board in relation thereto, 
and to determine whether the location of sites made was, under the 
circumstances, a sufficient compliance with the decision. The phrase 
"at or near" implied that there might be a variation from the precise 
point named, and when this variation was officially approved, it was 
binding upon the county superintendent. 

The provisory decision of January 28, permitted the board to exer- 
cise all the discretionary power in redistricting which the law con- 
fers. From their exercise of this power, also, the plaintiff appeals. 
The record shows that there are now ten subdistriots in Brown dis- 



SCHOOL LAW DECISIONS. 45„ 

0. S. Gordon v. District Township of Brown. 

trict township ; but the plaintiff "Vf ishes another formed which shall 
contain only one and one-fourth sections. In our opinion there are 
serious objections to the formation of small subdistricts. The small 
number of children and small amount of taxable property which they 
will usually contain, will insure but a feeble support for the schools. 
Cheap teachers, short terms of school, and poor schools will inevita- 
bly result. Not every man can have a public school in his own im- 
mediate neighborhood. It is better that children should go a little 
farther, and have a good school when one is reached. Except in pe- 
culiar circumstances, we doubt whether there ever ought to be more 
than nine subdistricts in any district township of ordinary size, and 
it might be better to have only six. A school centrally located on 
every four or six sections of land, would afford reasonable facilities 
to all. Even in populous districts, it would be better to increase the 
size of the schools and have more than one teacher if necessary than 
to adopt the disastrous policy of subdivision. 

The county superintendent in his lengthy argument in support of 
his decision, dwells upon some slight discrepancies in the secretary's 
transcript. At a meeting of the board, February 8, it appears that a 
motion was made to "proceed to redistrict," etc. One transcript sayfr 
this motion carried ; the other omits such a statement. The county 
superintendent alleges that it was carried "by only one vote." Whether 
it carried or not is, under the circumstances, entirely immaterial ; as 
a motion was subsequently unanimously adopted, the yeas and nays 
being called, to adopt a certain plat on which the changed boundaries 
of the subdistricts were marked, and the school-house sites indicated. 
This was the important vote of the meeting, and in regard to its 
adoption there is no question. Even admitting that one man did not 
vote for it as claimed, there was still left more than the legally required 
number of votes. But the integrity of an official record cannot be 
impeached by any such collateral proceeding. It was error to admit 
evidence contradicting the record. 

The board of directors had full discretionary powers in the matter 
of redistricting the township district, and the manner in which they 
exercised this power was a proper subject of review by the county 
superintendent on appeal. At the time the plaintiff 's affidavit was 
filed, the county superintendent had no knowledge that the acts of 



46 



SCHOOL LAW DECISIONS. 



Ellas Sipple v. District Township of Lester. 



the board on said 8th day of February had been approved by the 
superintendent of public instruction, or that they would be so ap- 
proved; he therefore properly assumed jurisdiction of the case. When 
however, the action of the superintendent of public instruction be- 
came known, the county superintendent should have been governed 
by it, and he should have affirmed the action of the board of directors 
or dismissed the case. 

For reasons heretofore given, as well as upon the real merits of the 
case, and to promote the educational interests of the district town- 
ship at large, the decision of the county superintendent 

Reveksed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 
June 8, 1868. 



Elias Sipple v, Disteict Township of Lester. 
Appeal from Black Hawk County. 

1. SuBDisTRiCT Boundaries: Change of. At the hearing of an appeal be- 
fore the county superintendent it is competent for him, upon his own 
motion, to call additional witnesses to give testimony. 

2. Evidence: Parol. Cannot be received in the absence of allegations of 
fraud, to contradict or impeach the validity of school district records. 

3. Record. The board may at any time amend the record of the district, 
when necessary to correct mistakes or supply omissions. And may, 
upon proper showing, be compelled by mandamus, to make such correc- 
tions. 

At the regular meeting of the board of the district township of 
Lester, held September 16, 1867, which was attended by four of 
the seven members of the board, motions were made and seconded 
for the creation of two new subdistricts whose boundaries were 
described in the motions. In regard to the action on these motions 
the record of the secretary contains merely the word " carried." At 
a special meeting of the board, held February 15, 1868, the action 
of the board in September in relation to the formation of new sub- 



SCHOOL LAW DECISIONS. 



47 



Elias Sipple v. District Township of Lester. 



districts was "reconsidered" and "rescinded." From the February ac- 
tion Elias Sipple appealed to the county superintendent. During the 
progress of the hearing, which took place March 20, 1868, the county 
superintendent called upon one of the four members of the board that 
attended the September meeting, who testified that he did not vote for 
the motion to create a new subdistrict. As it thus appeared that the 
new subdistricts were not established by a vote of a majority of all the 
members of the board, as required by law; and as said September ac- 
tion was rescinded at a full meeting of the board in February, the 
county superintendent, considering the formation of the subdistricts 
illegal and void, dismissed the appeal. From this decision Barney 
Wheeler appeals to the superintendent of public instruction. 

Appellant alleges substantially that the county superintendent 
erred as follows: 

1. In himself calling a witness to give testimony. 

2. In receiving testimony to impeach the district record, which is 
claimed to be valid and binding after thirty davs. 

3. In dismissing the appeal. 

*4. In not establishing the subdistricts. 

The law requires the county superintendent to git^e a "just and 
equitable" decision, and as the calling of additional witnesses may 
sometimes enable him to discharge this duty more faithfully, his ac- 
tion in this respect is sustained. 

The second error assigned really includes two distinct points, which 
will be considered separately; and first, in regard to the impeachment 
of the district record. The law provides for an annual meeting of the 
electors of the district township, and for semi-annual and special 
meetings of the board of directors; also that "the secretary shall re- 
cord all the proceedings of the board and district meetings in separate 
books kept for that purpose." It is a general principle of law that 
"oral evidence cannot be substituted for any instrument which the 
law requires to be in writing, such as records, public documents," etc. 
1 Greenleaf's Evidence, § 86. "It is a well settled rule that, where 
the law requires the evidence of a transaction to be in writing, oral 
evidence cannot be substituted for that, so long as the writing exists 
and can be produced; and this rule applies as well to the transactions 
of public bodies and officers as to those of individuals." The People v. 



48 > SCHOOL LAW DECISIONS. 

Elias Sipple v. District Townsliip of Lester. 

Zeyst, 23 N. Y., 142. In the case of Taylor v. Henry, 2 Pick. 39Y,the 
supreme court of Massachusetts held that an ^omission in the records 
of a town meeting could not be supplied by parol evidence. Chief 
Justice Shaw, in discussing the case, said that it would be "dangerous 
to admit such a proof." Mr, Starkie, in his valuable treatise on Evi- 
dence, says: "Where written instruments are appointed either by the 
immediate authority of the law or by the compact of the parties, to be 
the permanent repositories and testimony of truth, it is a matter both 
of principle and of policy to exclude any inferior evidence from being 
used either as a substitute for such instruments or to contradict or 
alter them; of principle, because such instruments are, in their own 
nature and origin, entitled to a much higher degree of credit than that 
which appertains to parol evidence; of policy, because it would be at 
tended with great mischief and inconvenience, if those instruments 
upon which men's rights depend were liable to be impeached and con- 
troverted by loose collateral evidence." Starkie, part IV, page 995^ 
volume III, 3d Am. Ed. 

The reason of the rule upon which the courts agree with such en- 
tire unanimity applies with force in the case now under considera- 
tion. The records of the district and board meetings contain a state- 
ment of the regulations adopted, and the acts done in the exercise of 
the powers with which the respective bodies are invested by the law. 
They present to all the citizens of the district township, in a perma- 
nent form, certain and definite information which could be obtained, 
with equal certainty, in no other way. Memory is defective, but the 
secretary records the transactions as they occur. The actors change 
from year to year, but the record is permanent. And though the ad- 
mission of oral testimony to alter a record or to supply an omission 
therein might sometimes promote the attainment of justice, the prev- 
alence of such a practice would result in more evil than good. It is 
held, therefore, that in the absence of alleged fraud the county super- 
intendent errs in admitting parol evidence to contradict or impeach 
the record of the September meeting of the board. 

In regard to the other part of the second point a few words will 
suffice. The counsel for appellant urges that though the record of 
the September meeting was imperfect, the lapse of thirty days made 
the record valid and binding upon the district. It is true that the 



SCHOOL LAW DECISIONS. 



49 



Ellas SIpple v. District Township of Lester. 



right to take an appeal to the county superintendent expires after 
thirty days; but I am unable to see how the lapse of time will vali- 
date what was before invalid. The secretary is the proper custodian 
of the records of the school district, and before the record of the 
proceedings of the board has been approved or adopted by the board, 
the secretary may amend them by supplying omissions, or otherwise 
correcting them. After they have been approved they may be 
amended and corrected by direction of the board, even after the 
lapse of thirty days. In Massachusetts a town clerk is permitted to 
amend the record in order to supply defects, even after a suit involv- 
ing a question respecting them has been commenced. I am of the 
opinion that if the secretary or board of directors decline to make 
necessary corrections in the record, that a party interested may pro- 
ceed by mandamus to compel the correction. If the record is to be 
impeached it must be, in the absence of fraud, by a direct proceed- 
ing instituted for that purpose, and not by a collateral or indirect 
method. The People v. Zeyst, 23 N. Y,, 147-8. 

The district record in this case is not as full as it might with pro- 
priety be. The law provides that the boundaries of subdistricts shall 
not be changed except by the vote of a majority of the members of 
the board. The record fails to show that this requirement of the 
law was complied with at the September meeting. The secretary 
says the motion to redistrict " carried." This is his opinion, but he 
fails to give the fact upon which it is based. Four of the seven 
members were present, but he does not say who, or how many voted 
for the change. Properly this should have been stated. When, 
however, the district record declares that a motion was " carried," 
the law will presume that it was carried in accordance with the re- 
quirements of the statute; though there is reason to believe that the 
presumption in this instance is a violent one. It follows that there 
was no legal evidence that the subdistricts were not established in 
accordance with law; hence, the conclusion is inevitable that the 
county superintendent erred in dismissing the appeal for the cause 
assigned. 

At the commencement of the trial and again during its progress, 
the defendant moved the county superintendent to dismiss the case 
on account of the insufficiency of the affidavit. The affidavit of Mr. 



50 



SCHOOL LA.W DECISIONS. 



Elias Sipple v. District Township of Lester. 



Sipple is not as full as it is usual to make affidavits in such oases, yet 
it " set forth the errors complained of " with such plainness and con- 
ciseness as enabled the county superintendent to obtain the neces- 
sary transcripts, and this is all that the law really requires. Rev. 
1860, § 2135. It has not been customary heretofore to enforce any 
particular form of affidavit, and the county superintendent's ruling 
refusing to dismiss on defendant's motion is sustained. 

As the testimony appears not to have been all in when the case was 
dismissed by the county superintendent, no opinion can be given in 
regard to the propriety or necessity of establishing the proposed new 
subdistricts. 

The case is, therefore, returned to the county superintendent, who 
will proceed with the hearing, first allowing a reasonable time for the 
correction of the district record or for the enforcement of its cor- 
rection, should such correction be deemed necessary by either of the 
interested parties. Should the district record be amended so as to 
show conclusively that the said subdistricts were not legally formed 
at the said meeting in September, it will follow that the said subdis- 
tricts never had a legal existence, and that the plaintiff could not be 
aggrieved by the action of the February meeting, hence the county 
superintendent will determine the case in favor of the appellee. 
Should said record not be amended, or should it be amended so as to 
show clearly that said subdistricts were established in all respects in 
conformity with law, the question of establishing the new subdis- 
tricts, or more properly retaining their organization, will be deter- 
mined upon its merits. 

Reversed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

July 23, 1868. 



SCHOOL LAW DECISIONS. 5]^ 



E. J. Miner V. District Township of Cedar. 



E. J. MiNEK V. District Township of Cedar. 
Af peal from Floyd County. 

1. Contested Election: Jurisdiction. The proper method of determin- 
ing a contested election for school director is by an action brought in 
the district court. 

2. Election: Evidence of. The certificate of the ofllcers of the annual 
subdistrict meeting is the legal evidence of election as subdirector, and 
as a general rule a board of directors is justified in declining to recog- 
nize a person as a member of the board until he produces such certificate. 

3. Evidence. Where the law requires the evidence of a transaction to be 
in writing, oral evidence can be substituted for it only when the writing 
cannot be produced. 

At the regular meeting of the board of directors of the district 
townsfeip of Cedar, Floyd county, in March 1868, E. J. Miner ap- 
peared and filed his oath of office as director of subdistrict number 
three of said district township, and claimed recognition as a member 
of the board from said subdistrict. The said Miner failed to present 
to the board the certificate of the officers of the subdistrict meeting 
or any other evidence of his election, except his own verbal statement. 
It was alleged in the board that he was not legally elected. Under 
these circumstances, the board refused him a seat and recognized his 
predecessor as holding over. From this order the said Miner ap- 
pealed to the county superintendent; who after a full hearing of the 
manner in which the election was conducted, reversed the order of 
the board, and directed that the said Miner should be recognized as 
director of subdistrict number three, and as a member of the board 
of directors. From this decision an appeal is taken by A. J. Sweet, 
president of the board of directors. The above are but a small por- 
tion of the facts presented in the well arranged transcript of the 
county superintendent, but yet all that are material to the issues in- 
volved. 

The case presented by these facts is similar to that of OcTcerman v. 
District Township of Hamilton, and must be governed by the same 
principles. It was there held that the only proper way of determin- 



62 



SCHOOL LAW DECISIONS. 



E. J. Miner v. District Township of Cedar. 



ing a contested school election or the right of exercising any public 
office or franchise, is by an action in the nature of quo warranto 
brought in the district court. It seems unnecessary to repeat the 
arguments there used. Reference is made to that case as well as to 
the 19 Iowa, 199; 18 Iowa, 59; 16 Iowa, 369; 17 Iowa, 365; and the 
other cases there cited. The principle involved in the preceding 
references was recognized by the county superintendent, when he 
said in his decision that " the board of directors has no jurisdiction 
to inquire into the legality of the election of its members." When 
this just conclusion was reached, the case should have been dismissed, 
for the county superintendent can do on appeal only what the board 
itself might legally have done. 

The county superintendent held that as the president of the-subdis- 
trict meeting refused to sign a certificate of election for the said 
Miner, that the board might receive other evidence of his election. 
In this the county superintendent departed from well established 
legal principles. The school law provides that at the meeting of the 
electors of the subdistrict on the first Monday in March, "a chairman 
and secretary shall be appointed, who shall act as judges of the elec- 
tion, and give a certificate of election to the subdirector elect." It is 
a well settled rule, that where the law requires the evidence of a 
transaction to be in writing, oral evidence cannot be substituted for it 
when the writing can be produced; and this rule applies alike to the 
transactions of public bodies, officers, and individuals. This question 
was discussed at some length in the case of Sipple v. District Town- 
ship of Lester. Some of the references made are: 1 Greenleaf's Ev., 
§ 86; People v. Zeyst, 23 N. Y., 142; 2 Pick., 397; and Starkie on Ev., 
part IV, p. 995, volume III, 3d Am. Ed. 

There can be no doubt that the law contemplates that the certificate 
of the officers of the annual subdistrict meeting shall be the legal 
passport to a seat in the board, and that, as a general rule, a board of 
directors is justified in declining to recognize a person as a member 
of the board until such certificate is produced. If the certificate has 
been given and lost, the accident may be remedied by other testi- 
mony. If it has been illegally withheld the officer may be coerced 
by mandamus to furnish it. If it has been fraudulently given the 
law still provides a remedy. 



SCHOOL LA.W DECISIONS. 53 



Chiles Moormau v. District Townsliip of Belmont. 



Nor can the public interests suffer by this construction of the law; 
for if there is no election, or if there is a failure to qualify, the stat- 
ute provides that the former incumbent of the office of director shall 
hold over for another year. 

By the light of the previous principles, it is evident that when, 
under the circumstances, the county superintendent proceeded to in- 
vestigate the rights of the plaintiff as a school director, he exceeded 
his jurisdiction, and that his decision must therefore be overruled. 
The law requires that the plaintiff, Miner, shall seek his remedy in 
the courts. The decision of the county superintendent is therefore 
reversed and the case dismissed. 

Reversed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

July 29, 1868. 



Chiles Moorman v. District Township of Belmont. 

Appeal from Warren County. 

1. School-house. Bemoval of. A vote of the electors of a subdistrict to 
remove a school-house, will not compel the board to act afllrmatively in 
relation thereto. 

2 Jurisdiction. An application for an appeal filed within thirty days 
from the act of the board complained of will not give the county super- 
intendent jurisdiction of the case. The appeal must be taken by aflft- 
davit. 

This appeal was taken to the county superintendent to secure the 
removal of the school-house in subdistrict number eight, of this dis- 
trict township. 

At the annual subdistrict meeting in March, 1868, the electors voted 
by a large majority that the removal should be made. At the semi- 
annual meeting of the board held March 16, 1868, a motion to remove 
the school-house, in accordance with the vote of the subdistrict, was 
lost; and from this action of the board the plaintiff, by affidavit, filed 
with the county superintendent. May 9, 1868, took an appeal. Pre- 



54 



SCHOOL LAW DECISIONS. 



Chiles Moorman v. District Township of Belmont. 



vioug to this, that is on the 28th of March, the plaintiff had filed with 
the county superintendent an "application for an appeal." The 
county superintendent assumed j arisdiction of the case, and after a 
full hearing reversed the decision of the board and ordered the re- 
moval of the house. To this decision the appellant takes exception. 

The power to locate the site for a school house is vested in the 
board of directors, and the power to "fix the site" carries with it the 
power to relocate the site. Vance v. District Township oj Wilton, 23 
Iowa, 408. Hence the vote of the subdistrict electors must be con- 
sidered as advisory rather than mandatory. 

Exception was taken to the action of the county superintendent on 
the ground that the appeal was not taken within the thirty days re- 
quired by law, and the record shows that nearly two months had 
elapsed before the filing of the affidavit, which by law is made the 
basis of appeal. It has been decided in previous cases that the right 
of appeal can be enjoyed only within thirty days of the rendition of 
the decision complained of, and that the appeal can be instituted only 
by filing an affidavit with the superintendent. Curry v. District 
Township of FranJclin. Following the line of these decisions we are 
compelled to hold that the county superintendent had no proper juris- 
diction of this case, and that his action thereon is void. 

If it is suggested that an " application for an appeal " was made be- 
fore the expiration of thirty days from the board's decision, it must 
be replied that the law recognizes no such step in the proceedings. 
The law distinctly provides that the basis of appeal shall be "an 
affidavit, filed by the party aggrieved with the county superintendent 
within the time allowed for taking the appeal." The application for 
an appeal is all very well, provided the affidavit itself is filed within 
the time allowed by law; but the filing of the "application for an 
appeal" is an entirely superfluous and unnecessary proceeding. 

As the case was not properly before the county superintendent we 
are compelled to set aside his decision, and leave the removal of the 
school-house to the discretion of the board of directors. 

Reversed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction, 
September 11, 1868. 



SCHOOL LAW DECISIONS. 55 



Hiram Hall et al. v. District Township of Massillon. 



H1RA.M Hall et al. v. District Township of Massillon. 
Appeal from Cedar Cotmty. 

1. Notice. The want of notice is waived by the voluntary appearance of 

the party for any purpose connected with the cause. 

2. Subdistkicts. The practice of cutting district townships into numerous 

subdistricts of small size, is detrimental to the educational progress of 
the state, and will not be sustained on appeal. 

A petition was presented to the board of said district township at 
the regular meeting in March, 1868, praying for the erection of a new 
subdistrict. Said petition was laid over for consideration at the re- 
gular meeting in September, At the latter meeting two petitions in 
opposition were presented. A vote was had upon the proposition, 
which resulted adversely to the formation of the new subdistrict — 
one vote being cast in favor of, and five votes being cast against the 
same. From this action of the board Hiram Hall and others appealed 
to the county superintendent, who, on the 21st day of October, 1868, 
made an order forming the said subdistrict in accordance with the 
prayer of the petition, and the board appeal. 

There was a motion for a continuance made on the hearing before 
the county superintendent, based upon an alleged want of notice, 
which motion was overruled, and the parties proceeded to trial. 
The overruling of this motion is one of the errors assigned on this 
appeal. 

The want of notice, if there was any, was waived by the voluntary 
appearance of the party making the motion, and as the opposite 
party proposed to admit everything expected to be proven, in case of 
a continuance being granted, no injustice resulted, and therefore this 
error is not sustained. 

The decision of the county superintendent will be reversed, how- 
ever, on other grounds. 

The proposed new subdistrict embraces but two and one-half sec- 
tions of land, inhabited by fifteen families, having in all but twenty- 



56 SCHOOL LAW DECISIONS. 

Hiram Hall et al. v- District Township of Massillon. 

seven persons between the ages of five and twenty-one years; not 
enough to maintain a good school. 

The practice of cutting district townships into numerous subdis- 
tricts of small size, is detrimental to the educational progress of the 
state. It increases the number of schools, and correspondingly re- 
duces the number of pupils in each school, by reason of which, teach- 
ers of a lower grade must be employed, poorer school-houses built, or 
the expense of carrying on the schools greatly increased. Experience 
has demonstrated that it is better to have fewer subdistricts with bet- 
ter school-houses, and teachers of a high standard of qualifications, 
than to have more and smaller subdistricts, poor houses, small schools, 
and teachers of a low grade. 

It is impossible in country districts to place a school-house in every 
man's door-yard — so to speak. Some must of necessity, be more re- 
mote from schools than others. From the plat submitted in this case 
it appears the farthest any scholars residing within the limits of the 
proposed subdistrict have to go to reach the school-houses now m 
use, is about one and one-half miles, and this is less than the average 
distance the children of most subdistricts in the state have to travel 
in going to and returning from school. See further the case of Gor- 
don V. District Township of Brown. 

Revkksed. 
LEWIS I. COULTER, 
Actijig Superintendent of Public Instruction. 
January 27, 1869. 



SCHOOL LAW DECISIONS. 



57 



Z. W. Remington v. District Township of Boomer. 



Z. W. Remington v. District Township of Boomer, 
Appeal from Pottawattamie County. 

1. Jurisdiction. The county superintendent has not jurisdiction of 
cases involving a money demand. 

2. School Orders. When improperly issued by the board, the proper 
remedy is an injunction from the civil courts. 

The case presented by the record is this: On the 12th day of Oc- 
tober, the board of directors of Boomer district township met in 
special session and made a settlement with one L. S. Axtell, who was 
the contractor for the erection of certain school houses in said dis- 
trict township. From the action of the board, Z. W. Remington ap- 
pealed to the county superintendent. The superintendent dismissed 
the appeal upon the ground that the settlement with Axtell was for a 
money demand, and therefore involved a question over which he 
could exercise no jurisdiction. Remington again appeals. 

If there was anything wrong in the action of the board issuing 
orders in favor of Axtell for the payment of his claim for building 
the school-houses that would render them invalid, plaintiff's remedy, 
if any, would have been by injunction to restrain the payment of 
such orders, or by some other proper action in the civil courts, and 
not by appeal to the county superintendent, as the latter tribunal is 
not clothed by the statute with authority to inquire into or deter- 
mine the validity of school orders. The county superintendent, 
therefore, very properly decided to dismiss the appeal, and his order 
in the case is hereby 

Affirmed. 
A. S. KISSELL, 
Superi7itendent of Public Instruction. 
May 17, 1870. 



^g SCHOOL LAW DECISIONS. 



Hiram Dayton v. District Township of Cedar. 



Hiram Dayton v. District Township of Cedar. 

Appeal from 'Washington County. 

Appeal, Where changes are efEected in district boundaries by the concur- 
rent action of two boards, appeal may be taken from the order of the 
board concurring or refusing to concur, but not from the order of the 
board taking action first. 

On the 18th day of September, 1871, the board of directors of the 
district township of Cedar, Washington county, passed a resolution 
to attach a portion of subdistrict number three to subdistrict number 
ten in the same township, 

Oa the 14th day of October, Hiram Dayton appealed from the ac- 
tion of the board to the county superintendent, who, on the 12th day 
of December, 1871, on motion of appellee, dismissed the case for 
want of jurisdiction. 

From this decision an appeal is taken to the superintendent of pub- 
lic instruction. 

From the transcript it appears that subdistrict number three, 
concerning which the appeal is taken, is one of those school districts 
formed prior to March, 1858, and for which special provision was 
made when our present district township system was adopted. It 
consists of about three sections of land in Cedar township and nearly 
the same amount in Seventy Six township, with its school-house in 
Cedar, and hence all under the control of the district township of 
Cedar for school purposes. 

Section 89, School Laws, provides that "the boundaries of such sub- 
district shall not be changed, except with the concurrence of the boards 
of directors of the townships interested." 

The board resolved that the west half of sections eighteen, nineteen 
and thirty, lying in subdistrict number three, be attached to subdis- 
trict number ten for school purposes. 

The appellant in his affidavit alleges among other errors committed 
by the board, that they erred in attempting to attach this tract to 
number ten, for the reason that said act was in effect dividing the 



SCHOOL LAW DECISIONS. " 59 

Hiram Dayton v. District Townsliip of Cedar. 

subdistriot without the concurrence of the board of directors of 
Seventy Six township, and therefore illegal. 

The attorneys for appellee file a demurrer to the affidavit "because 
the said affidavit shows that the concurrent action of the two boards 
is necessary to divide said subdistrict," that this resolution being 
only the initiative act, does not divide the district, and is without 
force till concurred in by the other board, that no appeal can be had 
from an incomplete action, and that the appellant had as yet suffered 
no grievance, and had no ground of appeal. 

The county superintendent sustained the demurrer and dismissed 
the case for want of jurisdiction. 

This case involves an interesting question, and one, we believe, not 
hitherto determined by this department, viz.: In those changes of 
boundaries requiring the concurrent action of two boards, from which 
action, if any, will an appeal lie? 

In a somewhat analogous case, jOo^Jmsa^c^JBn^^/sw. District Town- 
ship of Salem, a petition was presented to a board to change the 
boundaries between a district township and an independent district, 
the petition was refused ; an appeal was taken to the county superin- 
tendent, who not only reversed their action, but decided to do more 
than one board could have done, and ordered the changes to be made. 

This decision, we think, was very properly reversed; for the reason 
that the county superintendent could not do on appeal what was 
clearly beyond the power of the board, from which the appeal was 
taken, the concurrence of another board being necessary to complete 
the action. Another question, however, wholly distinct from this, is, 
has a county superintendent any jurisdiction in such a case? Can he 
properly affirm or reverse the decision of a board that initiates a 
movement which is completed or not at the option of another board? 
After careful consideration we are forced to the conclusion that he 
cannot. That an appeal will not lie from an order of a board making 
a change in district township boundaries, where the concurrence of 
another board is necessary to make the change. Othervi^ise a county 
superintendent may have to entertain and decide upon two appeals in 
one and the same case. This, in our opinion, would lead to confusion 
and unnecessary litigation. The law provides that " any person ag- 
grieved by any decision or order of the district board of directors, in 



60 



SCHOOL LA.W DECISIONS. 



W. p. Davis V. District Township of Madison. 



matter of law, or fact, may appeal therefrom to the county superin-" 
tendent." But if the order or decision is simply the initiative move- 
ment, though the action is not void, it remains inoperative, and with- 
out force, until concurred in, and does not of itself constitute a cause 
of grievance. In our opinion, equal and full justice will be secured 
in all such cases, if the appeal is taken only from the action of the 
board concurring or refusing to concur with the former action of 
another board interested. From this we believe an appeal should lie. 

In the case before us, if the board, as alleged in the affidavit, seek 
to do an illegal act, or refuse to perform any duty imposed by law, 
they can be restrained by inj auction, or compelled to do their duty 
by a resort to the civil courts. 

It is therefore held that the county superintendent properly dis- 
missed the case for want of jurisdiction, and his decision is therefore 

Affirmed. 
ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
March 22, 1872. 



W. P. Davis v. District Township of Madison. 
Appeal from, Fremont County. 

1. Contracts. Contracts for the erection of school-houses, made by a sub- 

director or committee, require the approval of the board. 

2. School Funds: Disbursement of. The treasurer is the proper custodian 

of all funds belonging to the district, and can legally pay them out only 
upon orders specifying the fund upon which they are drawn and the spe- 
cific use to which they are applied. The board cannot authorize the sub- 
director to use the public funds for any purpose. 

3. Claims. Just claims against the district can be enforced only in the 

courts of law. 

4. Subdistrict. a subdistrict is not a corporate body, and has no control 

of any public fund. 

The electors of the district township of Madison, Fremont county, 
on the eleventh day of March, 1871, voted a tax of two and one-half 
mills on the taxable property of the district township, for school- 



SCHOOL LAW DECISIONS. 



61 



W. p. Davis V. District Township of Madison. 



house purposes, and directed that three hundred dollars of the 
amount thus raised should be used for the erection of a school-house 
in subdistrict number nine. 

March 20, 1871, W. P. Davis, subdirector of subdistrict number 
nine, was appointed a committee to build a school-house in said sub- 
district. The house having been completed, at a special meeting of 
the board held June 1, 1872, it was moved that the report of the com- 
mittee be received, and the school-house be accepted; also, that the 
secretary be instructed to draw an order on the treasurer for three 
hundred dollars, for subdistrict number nine. Both motions were 
lost, from which action the said W. P. Davis appealed to the county 
superintendent, who, on the 9th day of August, 1872, reversed the 
action of the board. 

The district township, through its president, W. H. Gandy, appeals 
to the superintendent of public instruction. 

The history of this case very fully illustrates the loose and irregu- 
lar manner in which school officers too frequently transact official 
business. Section 15 of the School Laws provides that the board of 
directors "shall make all 'contracts, purchases, payments, and sales 
necessary to carry out any vote of the district, but before erecting 
any school-house they shall consult with the county superintendent 
as to the most approved plan of such building." 

If the contract is made by a subdirector or committee of the board, 
it should in all cases be approved by the board before work is com- 
menced. 

A misapprehension often exists as to the manner in which school 
funds should be disbursed. The treasurer is the proper custodian of 
all funds belonging to the district township, and the law provides 
that he "shall pay no order which does not specify the fund on which 
it is drawn, and the specific use to which it is applied," *. e. for work 
done, material furnished, or the like. 

The board are also required to i'audit and allow all just claims 
against the district, and no order shall be drawn on the district treas- 
ury until the claim for which it is drawn has been so audited and al- 
lowed." This rule applies equally where funds are voted by the 
district township for the purpose of building school-houses in partic- 
ular subdistrictSj also where taxes have been raised on the property 



62 



SCHOOL LAW DECISIONS. 



J. D. Caldwell v. Stephen Peebles, County Superintendent. 

of subdistricts in accordance with the proviso of section twenty- 
eight. 

Such funds, or so much of them as may be required to carry out 
the vote of the electors, should be devoted to the specific object for 
which ihey were voted, but the disbursement should in all cases be 
under the direction and authority of the board. 

Boards have no authority to give subdirectors money to use in their 
subdistricts for building school-houses or any other purpose, nor sub- 
directors to use monev so received. A subdistrict is not a corporate 
body, and has no control of any public fund. 

If Davis has a just claim against the district township of Madison 
which the board refuse to allow, or if the board refuse to apply the 
amount voted by the electors to the specific object for which it was 
designed, viz.: the erection of a school house in subdistrict number 
nine, the civil courts only can furnish a means of redress. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

October 30, 1872. 



J. D. Caldwell v. Stephen Peebles, County Superintendent. 

Appeal from Mills County. 

Revocation of Teacher's Certificate. A teacher's certificate can 
be legally revoked only upon proof of charges of which he has had per- 
sonal notice, and against which he has had the opportunity to make his 
defense. 
. A person addicted to the use of intoxicating liquors who even 



occasionally becomes intoxicated is not likely to promote correct moral 
teaching in the public schools by his example, nor to possess such moral 
character as to entitle him to a teacher's certificate. 

Complaint having been made to the county superintendent that J. 
D. Caldwell, a teacher, was addicted to the use of intoxicating liquors, 
an examination of the charges was made May 10, 1873, as provided 
by law, the result of which was the revocation of Mr. Caldwell's cer- 



SCHOOL LAW DECISIONS. 



63 



J. D. Caldwell v. Stephen Peebles, County Superintendent. 



tificate. Mr. Caldwell appeals to the superintendent of public in- 
struction. 

We need not comment upon the testimony in the trial, since the 
county superintendent admits that the specifications contained in the 
complaint were not sustained. Facts, however, were developed inci- 
dentally, in the examination of witnesses, apart from the direct issues 
involved, to satisfy the county superintendent that the defendant 
does not possess a good moral character, and we are not sure but his 
conclusions are properly deducible from the evidence. 

The law, however, providing for the revocation of certificates, re- 
quires that it shall only be "after an investigation of facts in the 
case, of which investigation the teacher shall have personal notice, 
and he shall be permitted to be present and make his defense." 

In this instance, certain charges were preferred in an information, 
of which the teacher had due notice, and, as it appears, successfully 
defended himself against the charges made, and there rested his 
case. 

It is, perhaps, doubtful if the superintendent has the authority to 
revoke a certificate upon evidence incidentally developed in the trial, 
however damaging in its nature, the substance of which was not 
contained in the original notice, and against which no defense was 
attempted. 

We fully agree with the superintendent that a person addicted to 
the use of intoxicating liquors, who even occasionally becomes intox- 
icated, and who is in the habit of visiting disreputable beer saloons, 
does not possess that degree of moral character to entitle him to a 
teacher's certificate under our statute. We cannot too highly com- 
mend the efforts of county superintendents to promote correct moral 
teaching in the public schools through the example of the teacher. 

Disqualifications of this nature should be fully proved, and in the 
manner prescribed by law; and we reluctantly set aside this decision, 
believing that the superintendent was actuated by worthy motives, 
and did the act solely with a view to promote the good of the schools, 
and in the conscientious discharge of a public duty. 

Revkkskd. 
ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
May 31, 1873. 



54 SCHOOL LA.W DECISIONS. 



James Bunn v. District Township of Douglas. 



James Bunn v. District Township of Douglas. 
Appeal from Ida County. 

1. Contracts. The district townsliip is bound by tbe contract of the 
subdirector when made according to instructions of the board. 

2. . If a subdirector enter into a contract on behalf of the district, 

without authority of the board, he does so at his own risk; such con- 
tract is not binding upon the district unless approved by the board. 

3. Rules and Regulations. The power to prescribe rules and regula- 
tions for the government of the board is not a function of the electors. 
A rule adopted by the board, and not a provision of law, may be modi- 
fled at the option of the board. 

A contract for furnishing the school-houses in subdistricts numbers 
one and two with new seats, was approved by the board of directors; 
the county superintendent, upon appeal, affirmed the action of the 
board; James Bunn appeals to the superintendent of public instruc- 
tion. 

It is claimed by the appellant: 

1. That the contract was made without authority from the board. 

2. That new seats could not be legally purchased without a vote 
of the electors. 

3. That by rule of the board public notice should be given before 
making any contract, except with teachers. 

The district township is bound by the contract of the subdirector 
when made and entered into according to the specific instructions and 
directions of the board. Thompson v. Linn, 35 Iowa, 361. 

If a subdirector enters into a contract on behalf of the district, 
without being authorized by the board, he does so at his own risk; 
such contract is not binding upon the district unless approved by the 
board; being approved, however, the district becomes responsible for 
the performance of the contract on its part. Affirmative action of the 
electors is not required by law before the board of directors can pro- 
cure new seats for a school-house. 



SCHOOL LAW DECISIONS. 



65 



D. K. Taylor v. Independent District ol Eldon. 



It appears from the transcript that the rule mentioned was adopted 
and prescribed by the district township meeting, and not by the board 
of directors; the power to prescribe rules and regulations for the gov- 
ernment of the board of directors, except as specifically named in the 
law, is not a function of the electors when assembled at the district 
township meeting. Any rule adopted by the board, and not a pro- 
vision of law, may be modified or disregarded at the option of the 
board. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 
December 2, 1873. 



D. K. Taylor v. Independent District of Eldon. 

Appeal from Wapello County. 

1. Appeal. Appeal may be taken from an action of the board which au- 
thorizes the making of a contract, but not from a subsequent action or 
order complying with the terms of a contract previously made; nor from 
an action authorizing the issuance of an order in payment of a debt con- 
tracted by previous action of the board. 

2. . A case whose sole purpose is to determine the validity of an 

order on the district treasury, or the equity of a claim, cannot be enter- 
tained on appeal to the county superintendent; the courts of law alone 
can furnish an adequate remedy. 

From the transcript it appears that on the 3d day of December, 
1878, the board passed an order authorizing the payment of five per 
cent commission for negotiating the district bonds, and on the same 
day another authorizing D. P. Stubbs to negotiate said bonds. 

On the 3d day of February, 1874, the board passed an order instruct- 
ing the president and secretary to draw an order for |90 on the dis- 
trict treasury in favor of said D. P. Stubbs, for services rendered in 
negotiating said bonds, in accordance with the previous action of the 
board on December 3, 1873. From the action of the board in issuing 
said order of $90 this appeal was taken. 
9 



66 



SCHOOL LAW DECISIONS. 



D. K. Taylor v. Independent District of Eldon. 



The county superintendent dismissed the case, on the ground that 
it was an action authorizing the payment of money, and a decision 
thereon would be equivalent to rendering a judgment for money, 
which is prohibited by the provisions of section 1836, Code. D. K. 
Taylor again appeals. 

Appeal may be taken from any action of the board which authorizes 
the making of a contract, but not from a subsequent action or order 
complying with the terms of a contract previously made; or from an 
action authorizing the issuance of an order in payment of a debt con- 
tracted by a previous action of the board. 

The order appealed from in this case is not a new action of the 
board, but a necessary result of the order of December 3, 1873. If 
the first action was legal and proper, the last is both proper and nee 
essary, the services having been performed. Any interested party 
might have appealed, at the proper time, from the action of Decem- 
ber 3, authorizing the payment of five per cent commission for nego- 
tiating bonds or authorizing the appointment of an agent therefor. 
But the time for an appeal, thirty days, having expired, appeal can- 
not now be taken from the subsequent action, which is simply carry- 
ing out their previous action, and the terms of the contract made 
thereunder. 

In the case of Wmters et al. v. District Township of Clay, it is held 
that, to determine the validity of an order on the district treasury, 
or the equity of a claim, is equivalent to the rendition of a judgment 
for money, and a case whose sole purpose is to determine this ques- 
tion cannot be entertained on appeal; that the courts of law alone 
can furnish an adequate remedy, if the law has been violated, or the 
interests of the district have suffered by the making of contracts or 
the issuing of orders for money on the treasury. 

AFriEMED. 

ALONZO ABERNETHY, 

Superintendent of Public I?istniction. 
May 5, 1874. 



SCHOOL LAW DECISIONS. 



67 



A. Beard et al. v. District Towpship of Washington. 



A. Beard et al. v. District Township of Washington. 
Appeal from Ringgold County. 

1. Sub DISTRICT Boundaries Subdistrict boundaries can be changed only 

by affirmative vote of a majority of all the members of the board. 

2. Appeal. Appeal will not be entertained from the action of the, board 

in rescinding a previous illegal action. 

The board of the above named district consists of four members. 
On the 24th day of January, 1874, three members of the board met, 
pursuant to notice, for the purpose of forming a new subdistrict to 
consist of sections 27, 28, 33, and 34. Upon motion to establish said 
subdistrict, two of the members voted in the affirmative and one in 
the negative: by this action the subdistrict was considered as formed, 
and was so entered upon the record. On February 14, the board met 
pursuant to notice, for the purpose of reconsidering their action of 
January 24. Upon motion that the action of the board in establish- 
ing said subdistrict be annulled, three members voted in the affirma- 
ative, and one in the negative. From this action appeal was taken to 
the county superintendent, who simply reversed the action of the 
board. I. F. Howell et al appeal to the superintendent of public in- 
struction. 

Section 1738, School Laws of 1873, provides that the boundaries of 
subdistricts shall not be changed, except by a vote of the majority of 
the board. Therefore, the subdistrict in question was not legally 
established by the action of the board of January 24; their subse- 
quent action relative thereto may properly be considered as simply 
correcting the records of the meeting. Neither would the action of 
the county superintendent in reversing such action, have the effect to 
establish the subdistrict. 

Since the action of the board was entirely proper under the cir- 
cumstances in making such correction, the decision of the county 
superintendent is hereby Revbbsed. 

ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

June 4, 1874. 



Qg SCHOOL LAW DECISIONS. 



E. Watson v. District Township of Exira. 



E. Watson v. District Township of Exiea. 

Appeal from Auduhoyi County. 

Punishment. The punishment of a pupil with undue severity, or with an 
improper instrument, is unwarrantable, and may serve, in some degree 
to indicate the animus of the teacher. 

Charges were preferred against E. Watson, a teacher in the schools 
of the district above named, for harsh and unreasonable punishment 
of a pupil; upon investigation the teacher was discharged; from this 
action of the board he appealed to the county superintendent, who 
reversed their action. The district appeals to the superintendent of 
public instruction. 

From the evidence it appears that the pupil, upon whom the pun- 
ishment was inflicted, was a boy thirteen years of age, and that the 
offense was such that punishment was deserved. The instrument se- 
lected for inflicting punishment was a hickory stick, three-fourths of 
an inch in diameter at one end, and one-half inch at the other, and 
fifteen or eighteen inches long. The punishment was inflicted by 
striking upon the palm of the hand from eight to twelve strokes. It 
appears that the boy's hand was thereby disabled for some days. 

It is alleged by the teacher that the punishment was inflicted for 
the good of the school, and that it was without malice on his part. 
We consider the selection of such an instrument for the punishment 
of a pupil injudicious, unwarrantable, and dangerous, and that con- 
sequences might be fraught with the gravest results, and that such 
selection may serve in some degree, to indicate the animus of the 
teacher. Reversed. 

ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

June 6, 1874. 



SCHOOL LAW DECISIONS. gg 

Sanford Harwood v. Independent District of Charles City. 

Sanfoed Habwood v. Independent Disteict op Chaeles City. 
Appeal from Floyd County. 

1. Punishment: Right to inflict upon pupils. The right of the parent to 

restrain and coerce obedience in children applies equally to the teacher, 
or to any one who acts in loco parentis, 

2. Rules and Eegulations. Boards of directors and their agents, the 

teachers, may establish reasonable rules for the government of schools 
and the control of pupils. 

3. • The teacher has the right to require a pupil to answer questions 

which tend to elicit facts concerning his conduct in school. 

4. . The pupil is answerable for acts which tend to produce merri 

ment in the school or to degrade the teacher. 

5. — — . Open violation of the rules of the school cannot be shielded 

from investigation under the plea that it invades the rights of con- 
science. 

6. Board of Directors. The board should be sustained in all legiti- 

mate and reasonable measures to maintain order and discipline, to up- 
hold the rightful authority of the teacher, and to prevent or suppress 
insubordination in the school. 

This case involves the right of a teacher to require a pupil to 
answer questions concerning his conduct in school, or to testify 
against himself. 

Burritt Harwood, a member of the bigh school department, having 
broken certain rules of the school, was suspended by the superintend- 
ent for refusing to answer a question relating thereto. The pupil's 
father petitioned the board of directors to restore the pupil. The 
board having investigated the facts adopted the following: 

"Resolved, That the school board sustain Prof. Shepard in his sus- 
pension of Burritt Harwood, provided Burritt Harwood be reinstated 
if he answer the question, for the refusal to answer which he was 
suspended, subject to such further action as may be taken by the 
principal or school board for making and circulating the caricature." 
The president and four other members voting for, and one against 
the resolution. From this action of the board, S. Harwood appealed 
to the county superintendent, who reversed their action. The board. 



70 



SCHOOL LAW DECISIONS. 



Sanford Harwood v. Independent District of Charles City. 



through their president, appeal to the superintendent of public in- 
struction. 

The power of the parent to restrain and coerce obedience in chil- 
dren cannot be doubted, and it has seldom or never been denied. This 
principle applies equally to the teacher or to any one who acts in loco 
parentis. Boards of directors and their agents, the teachers, may 
establish all reasonable and proper rules for the government of 
schools, and to control the conduct of pupils attending the same. 
"Any rule of the school not subversive of the rights of the children 
or parents, or in conflict with humanity and the precepts of divine 
law, which tends to advance the object of the law in establishing pub- 
lic schools, must be considered reasonable and proper." Burdick v. 
BabcocJc, 31 Iowa, 562. 

The superintendent had occasion to leave the high school in charge 
of his assistant while he should attend to official duties elsewhere. 
On his return about 4 p. m., the assistant reported that there had been 
much disorder on the part of some of the pupils, and that she had re- 
quired several of the pupils to remain and report their misdemeanors 
to the superintendent. Burritt Harwood being called upon, said, in 
substance, I have two misdemeanors to report: I threw snow into the 
lower hall during recess, and I passed a piece of paper across the aisle 
to my brother's desk. Both are recognized as violations of the rules 
of the school. The nature and magnitude of the first are readily 
discernible, and need no further investigation; not so of the second, 
much depends upon the character of the "piece of paper," whether 
simply blank paper, or containing writing or other marks; being 
asked to state the nature of the paper, he at first answered evasively. 
Being further questioned, he replied that it was "pictorial" that it 
was a "burlesque or caricature," that "it represented the school-house 
and some person or persons," that "the person or persons represented 
were connected with the school." The further question, " whom he 
had intended to burlesque," after some hesitation, he declined to 
answer. For this act of disobedience he was suspended. 

The question which he refused to answer appears to differ in no 
essential feature fron those previously answered. By it the teacher 
simply sought to discover an additional fact in connection with the 
case. If he had a right to ask the former he had the latter. If there 



SCHOOL LAW DECISIONS. ^^ 

Sanford Harwood v. Independent District of Charles City. 

is any reason why the pupil had the right or should claim the privi- 
lege of declining to answer the last, he should have stated it. Cer- 
tainly no good reason appears from the nature of the offense, and the 
degree of punishment which it merited depended upon the informa- 
tion which the teacher sought to obtain by this and the previous 
question. If the paper contained simply the solution of a problem 
or something connected with his lesson, it merited one degree of pun- 
ishment; if its purpose was to create merriment among the pupils, 
thus diverting their attention from their studies, it required another 
degree; if by it the pupil sought to bring ridicule upon a teacher, to 
the prejudice of the good order and government of the school, still 
another; each would be a violation of the rules, but not each equally 
punishable. The claim of appellee that it was an attempt to pry 
into the secrets of the heart, and was a violation of the right of con- 
science, is scarcely sustained by the facts. The question "whom did 
you intend to represent," is essentially equivalent to "whom did you 
represent." Its purpose evidently was not to find out the thought or 
intent, but the act of the pupil. The question was simply what was 
the character of the picture drawn and circulation to the disturbance 
of the school. It does not appear how the rights of conscience would 
be violated in answering the question. It may be true that the pic- 
ture itself, if produced, would furnish the best evidence, but the 
teacher clearly had the right, in its absence, and knowing nothing of 
its nature beyond what the pupil had already revealed, to seek this 
information directly and immediately by proper questions. Nor can 
the pupil shield himself under the provision of the law that a pris- 
oner at the bar cannot be compelled to answer questions which will 
tend to render him criminally liable or expose him to public igno- 
miny. He is, in no proper sense, accused of crime before a court of 
law, authorized to sit in judgment under a criminal code. 

The picture, which was afterward produced, reveals anything but 
a right spirit in the pupil. Probably no one who has seen it doubts 
that it is a coarse caricature of the superintendent and his assistant. 
His refusal to answer was evidently not that he could not conscien- 
tiously do so, nor that it would tend to criminate himself, but was a 
deliberate act of insubordination. All the attendant circumstances, 
the evasive and studied replies to the superintendent's questions, the 



72 SCHOOL LAW DECISIONS. 



T. J. Rook V. District Township of Liberty. 



caricature itself, and its circulation through the school during the 
absence of the superintendent, together with a previous malicious 
caricature of the same nature, all reveal a disregard for the regula- 
tions of the school, the respectful conduct due from a pupil, and an 
animus toward the teacher anything but proper. 

In our opinion unnecessary stress was laid, in the trial before the 
superintendent, upon the technical ground of of suspension by the su- 
perintendent. The board having had the whole subject nnder inves- 
tigation, including statements of the offenses, from both the superin- 
tendent and the pupil, sustained the superintendent, or in other words, 
suspended the pupil conditionally from the school, as they probably 
had a right to do for any one of the offenses named. This being a 
discretionary act, due weight must be given to such action by an ap- 
pellate tribunal, especially should the board be sustained in all legit- 
imate and reasonable measures to maintain order and discipline, to 
uphold the rightful authority of the teacher and to prevent or sup- 
press insubordination in the school. 

Revbesed. 

ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
June 8, 1874. 



T. J. Rook v. District Township or Liberty. 
Appeal from Clarke County. 

School-house Tax. All taxes voted by the district township meeting 
must be apportioned among the subdistricts. All taxes voted by the 
subdistrict meeting which the district township neglects or refuses to 
grant, must be certified and levied upon the subdistrict. The board 
have no option but to obey the requirements of the law. 

Under the provisions of section 1778, School Laws of 1874, the 
electors of subdistrict number six, of the above named district town- 
ship, voted to raise the sum of four hundred dollars for the erection 
of a school-house; the sum was properly certified to the district town- 
ship meeting, which refused to grant the request. The board of di- 



SCHOOL LAW DECISIONS. 73 



Henry Brewer et al. v. District Townsliip of Washington. 



rectorg certified the amount to the board of supervisors to be levied 
directly upon the subdistrict making the request. From this action 
appeal was taken to the county superintendent who affirmed the 
action of the board. T. J. Rook appeals. 

The errors alleged to have been committed are: 

1. That the township electors neglected or refused to grant the 
request of the electors of subdistrict number six. 

2. That the board refused to apportion the amount voted by the 
subdistrict among the subdistricts of the township. 

It is wholly discretionary with the township electors whether such 
requests are granted or not; from their action no appeal can be taken. 
If they vote to grant such request, the amount must be apportioned 
by the board among the subdistricts of the township; if they neglect 
or refuse to grant it, the amount must be certified to the board of 
supervisors, to be levied directly upon the subdistrict making the re- 
quest. Section IVZS, School Laws of 1874. 

The board have no option in such case; it is their duty simply to 

obey the requirements of the law. 

Afpirmbd. 

ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
October 5, 1874. 



Henry Brewer et al. y. District Township of Washington. 
Appeal from Van Suren County. 

Rehearing. The county superintendent may, for sufficient cause, grant a 
rehearing 

The action of the board in refusing to form a new subdistrict, num- 
ber two, of the above named district township, was affirmed by the 
county superintendent. 

After the rendition of the decision a motion and affidavit were filed 
by the appellants asking that a new trial be granted, the affiants alleg- 
ing that the evidence was not properly taken down at the time of the 
trial; also, that new evidence had been discovered, materially affect* 
10 



74 



SCHOOL LAW DECISIONS. 



Henry Brewer et al. v. District Tovvnsliip of Washington. 



ing the question at issue. The motion was granted by the county 
superintendent. 

At the subsequent trial the appellee filed a motion to dismiss the 
case upon Xhe following grounds: 

1. That no sufficient affidavit was tiled in the first instance, and 
that the superintendent never acquired jurisdiction. 

2. The rehearing was granted without authority of law. 

This motion was overruled by the superintendent. The trial re- 
sulted as before, in the affirmance of the action of the board. Henry 
Brewer et al. appeal. 

At the trial before the superintendent of public instruction the 
appellee filed a motion to dismiss the case upon the ground: 

1. That the county superintendent had no jurisdiction to grant a 
new trial. 

2. That if he had authority to grant a new trial, it could only be 
for sufficient cause, and that no such cause was shown. 

It is held that the county superintendent may, for sufficient cause, 
grant a new trial, and in so doing should be governed by the princi- 
ples and rules pertaining to courts of law, so far as the same are ap- 
plicable. Although some doubts may exist as to the sufficiency of the 
reasons assigned for granting a new trial in this case, and of the reg- 
ularity of the proceedings, yet, since the second trial resulted as the 
first, and was without prejudice to the interests of the appellee, the 
discretion of the county superintendent will not be interfered with; 
the case is, therefore, properly before the superintendent of public 
instruction for a consideration of its merits. 

From a careful examination of the evidence, it is found that the 
injustice complained of is not of such a character as to require any 
interference with the action of the board, or of the county superin- 
tendent. 

Affirmed. 
ALONZO ABERNETHY. 
Superintendent of Public Instruction. 

February 11, 1875. 



SCHOOL LAW DECISIONS. 75 

John S. David v. Independent District of Burlington. 

John S. David v. Independent District of Burlin:gton. 
Appeal from Des Moines County. 

\. School. Every person between the ages of five and twenty- one years 
has the right to attend school in the district in which he resides, regard- 
less of considerations relating to race, nationality, the holding of prop- 
erty, or the payment of taxes 

2. The payment of school taxes does not entitle non-residents to 

school privileges. 

3. The board have authority to determine when, and upon what 

terms, non-resident pupils may attend the schools of their district. 

This appeal is brought to compel the board of the independent dis- 
trict of Burlington to admit into the public schools of said district 
appellant's children, without payment of tuition, on the ground that 
he is a large tax-payer in the district; the county superintendent 
having affirmed the action of the board in refusing to admit them. 

The appellant resides about a mile beyond the limits of the in- 
dependent district of Burlington, and near the school in his own dis- 
trict; but he claims that this school is not of suitable grade for his 
children. 

The law requires the board to provide school facilities for all the 
children in their own district, and contemplates that they shall, in all 
cases, determine whether children who are not residents, shall be 
permitted to attend the schools thereof, and upon what terms. Sec- 
tion 1Y93. 

It is claimed by the appellant that his children are entitled to at- 
tend school in the independent district of Burlington without the 
payment of tuition, for the reason that he owns property in said in- 
dependent district and pays taxes thereon; and if the payment of 
taxes could ever entitle a person to such privileges, it doubtless would 
in this case, as he introduces the certificate of the county auditor to 
show that his school taxes for 18'74 were $406.08. There is, however, 
no provision of law upon which to base such claim; nor would such 
provision well accord with the spirit of our laws relating to public 
schools. These laws are founded upon the broad principle that every 



76 SCHOOL LAW DECISIONS. 

A. B. Keed et al. v. District Township of Union. 

person in the state between the ages of five and twenty-one years, is 
entitled to the privilege of attending the public schools. 

This principle is wholly unencumbered by any consideration re- 
lating to race, nationality, the holding of property, or the payment of 
taxes. 

To prevent confusion and the overcrowding of particular schools, 
it is necessary to point out what school each pupil has the right to 
attend. A more equitable rule could not have been devised, than 
that which prescribes that the pupil may attend school in the district 
in which he resides. The simplicity and equity of this rule are ap- 
parent. Every person has one place of residence, and no more; the 
place of residence is generally determined without difficulty, and is 
not usually abandoned for trivial causes. 

To introduce any conditions into the laws dependent upon property 
considerations, would be to outrage the fundamental principles of our 
free school system. 

To further promote the convenience of the people, and to give 
elasticity to the rule, the board may, when circumstances require, per- 
mit non-resident pupils to attend the schools of their district. 

Affirmed, 
ALONZO ABERNETHY, 
Stiperintendent of Public Instruction. 

February 20, 18 7 5. 



A. B. Reed et al. v. District Township of Union. 

Appeal from Mahaska County. 

1. Stjbdistbicts. Other things being equal, both territory and school pop- 
ulation, should be about equally divided arnongthe subdistricts of a dis- 
trict township. 

2. . One subdistrict should not ordinarily have an excess over the 

average subdistrict of the district township both in territory and school 
population, nor should it lack in both. 

The action of the board in changing subdistrict boundaries was af- 
firmed by the county superintendent; from this decision A. B. Reed 
appeals. 



SCHOOL LAW DECISIONS. 



77 



A. B. Eeed et al. v. District Township of Union. 



Previous to the action of the board, from which appeal was taken , 
subdistrict number seven comprised two sections of land, upon which 
reside about forty persons of school age. The board added three sec- 
tions from subdistrict number three, upon which reside some thirty 
pupils, leaving but three sections and about twenty-two pupils. 

It is claimed that by this increase of area in subdistrict number 
seven to five sections, and the consequent increase of pupils to seventy, 
a portion of the latter are deprived of school privileges. This leads 
to a consideration of the proper basis and manner of dividing a dis- 
trict township into subdistricts. It would seem, other things being 
equal, that both territory and school population should be about 
equally divided among the subdistricts of the district township. 
When the population is not uniformly distributed, which is generally 
the case, it would appear that no one subdistrict should have an ex- 
cess over the average subdistrict of the district township, both in 
territory and in school population; nor should any one subdistrict 
lack both in territory and in school population, unless by reason of 
some controlling circumstance. The location of public roads, streams 
or any other obstruction, should always be taken into consideration. 
In this case, area and school population are the only essential ele- 
ments. The average area of a subdistrict in the township, is four 
and one-half sections. 

The school population, according to the last annual report of the 
county superintendent, averages 57.5 to each subdistrict. Hence, 
we find that subdistrict number seven lacked both in area and school 
population, and that its boundaries should have been enlarged; but 
we also find that the subdistrict from which territory was taken, was 
reduced below the average, both in school population and in area, 
while the subdistrict thus enlarged, is in excess in both. 

We trust that the board will, as soon as practicable, remove these 
inequalities by a redivision of the entire district township into sub- 
districts. Questions as to the validity of the action of the board are 
also raised, but we do not find that they have, in any manner, acted 
contrary to the requirements of law. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 
June 21, 1875, 



78 



SCHOOL LAW DECISIONS. 



J. W. Hubbard v. District Towjjship of Lime Creek. 



J, W. HuBBAKD T. District of Lime Creek. 
Appeal from Cerro Gordo County. 

1. Appeal,. The execution by the board of the vote of the electors upon 

matters within their control, is mandatory; from such action of the 
board no appeal can be taken. If such action is tainted with fraud, an 
application to a court of law is the proper remedy. 

2. Board of Directors. The board, though not bound by a vote of the 

electors directing the precise location of a school-house site, are re- 
quired to so locate it as to accommodate the people for whom designed. 

3 . If, in the selection of a site, the board violate law or abuse their 

discretionary power, their action may be reversed on appeal. 

The electors of the district township voted a tax to build a school- 
house on what is known as the Simons road, near where it crosses the 
Central railroad. On a separate motion, the board were instructed 
to sell the school-house known as number three. In accordance with 
the first mentioned action, the board located a school-house site on 
said road, fifty feet from said crossing. From this action appeal was 
taken; the appellant claiming it to be a relocation of the site known 
as number three; and that such action was with the express intention 
of selling the school-house and abandoning the site thereof. The 
county superintendent reversed the action of the board. From this 
decision the district township appeals. 

The district township coincides with a congressional township in 
boundaries and extent, and is comprised in one subdistrict. It is 
claimed that the action of the district township meeting did not rep- 
resent the wishes of the people; that there are ninety-five voters in 
the district, and but twenty seven were present at such meeting; also, 
that in the location of the site, the board did not consult the conven- 
ience of the people. 

Section 1717, School Laws, 1874, provides, that the electors of the 
district, when legally assembled at the district township meeting, 
shall have power "to direct the sale, or other disposition to be made 
of any school house, or the site thereof, and of such other property, 
personal and real, as may belong to the district." 



SCHOOL lAW DECISIONS. 79 

J. W. Hubbard v. District Townsliip of Lime Creek. 

Section 1723 provides that the board "shall make all contracts, 
purchases, payments, and sales, necessary to carry out any vote of the 
district." 

Section 1724 provides that the board "shall fix the site for each 
school-house, taking into consideration the geographical position and 
convenience of the people of each portion of the subdistrict." 

The execution of the vote of the electors by the board is manda- 
tory; from their action in so doing no appeal can be taken. In case 
such action is in any manner tainted with fraud, an application to a 
court of law is the proper remedy. 

The power to locate school-house sites is vested originally in the 
board. Although the board have authority to locate school-house 
sites, yet money legally voted by the electors for a specific pur- 
pose, must be expended in accordance with such vote; if voted to 
erect a school-house in a certain subdistrict, it cannot legally be used 
to build a school-house in another; while any directions of the voters 
attempting to locate, precisely, a school-house site, are void, yet the 
board is bound so to locate it as to .accommodate the people for whom 
designed; in the absence of such instructions the board may exercise 
more widely their discretion in fixing school-house sites. 

If, in the performance of this duty, they violate law, act with man- 
ifest injustice, or in any manner show an abuse of discretionary power, 
their action may properly be reversed by the county superintendent. 

la this case we do not discover that the board have in any manner 
failed in the proper performance of their duty. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 1, 1875. 



8Q SCHOOL LAW DECISIONS. 

E. Gosling V. District Township of Lincoln. 

E. GosTiNG V. District Township of Lincoln. 
Appeal from Plymouth County. 

1. School-house Site : Location of. The action of a committee ap- 
pointed by the board to locate a site is of no force until ofBcially adopted 
by the board while in session. 

2. . Subdistrict boundaries cannot be changed upon an appeal re- 
lating solely to the location of a site, nor can a site be located with the 
expectation that boundaries will be changed, unless such is shown to be 
the intention of the board. 

3. Appeal. The right of appeal is confined to persons injuriously affected 
by the decision or order complained of. Ordinarily a person living in 
one subdistrict cannot properly appeal from an action of the board locat- 
ing a site in another. 

A committee appointed by the board of the above named district 
township to locate a school-house site for the accommodation of the 
residents of subdistricts numbers seven and nine, reported that they 
had selected the northwest corner of section ten: and afterward that 
they had chosen instead, a site about eighty rods east of the north- 
west corner of section eleven. There is no record showing that any 
action was taken by the board in relation to these reports. 

Subdistrict number nine consists of the east one-half of congres- 
sional township number 90, range 45. 

E. Gosting, the appellant, resides in subdistrict number seven, 
which comprises the west one-half of the same congressional town- 
ship. The decision of the county superintendent is as follows : 
"After considering the evidence and the plat introduced, I sustain 
the committee in their first location at the northwest corner of sec- 
tion ten of said township." From this decision D. M. Relyea ap- 
peals. 

The power to locate school-house sites is vested in the board of di- 
rectors. Section 1724, School Laws of 18Y4. The action of a com- 
mittee appointed by the board to locate a school-house site is of no 
force until their report is officially adopted by the board while in 
session. 

Section 1725 provides that the board "shall determine where pupils 



SCHOOL LAW DECISIONS. Ql 

E. Gosling V. District Township of Lincoln. 

may attend school; and for this purpose may divide their district 
into such subdistricts as may by them be deemed necessary." The 
object of dividing a district township into subdistricts is to determine 
where pupils shall attend school. While it is frequently the case 
that pupils may more conveniently attend school in an adjoining sub- 
district, it would obviously be improper to locate a school-house site 
expressly for the accommodation of such pupils, unless with the in- 
tention of subsequently making a redivision of the district township. 
The county superintendent has jurisdiction only of the matter to 
which the appeal relates. He cannot properly upon an appeal relat- 
ing to the location of a school house site change subdistrict bounda- 
ries; nor can he locate a school-house site with the expectation that 
such boundaries will ultimately be changed, unless such is shown to 
be the intention of the board. 

The right to appeal from actions of the board is confined to persons 
injuriously affected by the decision or order of which complaint is 
made. Section 1829. Ordinarily, a person living in one subdistrict 
cannot properly appeal from an action of the board locating a school- 
house site in another. 

The decision of the county superintendent is set aside, and the 
location of the school-house site is left to the discretion of the 
board. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

September Y, 1875. 



11 



82 



SCHOOL LAW DECISIONS. 



J. E. Brown v. District Township of Van Meter. 



J. E. Bkown v. Disteict Township of Van Metbe. 
Appeal from Dallas County. 

1. Appeal. The adoption of the committee's report in favor of retaining 
the old school-house site, is an action from which appeal may be taken. 

2. Board of Dieectors. The action of the board cannot be reversed 
upon the allegations of appellant without proof, or by reason of failure 
of the board to make defense. 

3. . The acts of the board are presumed to be regular, legal and 

just, and should be aflSirmed on appeal, unless proof is brought to show 
the contrary. 

4. : Discretionary acts of. The weight which properly attaches to 

the discretionary actions of a tribunal vested with original jurisdiction, 
does not apply to the decisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in se- 
lecting the old site in subdistrict number two, upon which to erect a 
new school-house, and located the site about eighty rods westward of 
the old one. 

From this decision the district township appeals, claiming in sub- 
stance that the county superintendent erred as follows: 

1. That there was no action of the board relative to the selection 
of a school-house site in subdistrict number two from which an ap- 
peal would lie. 

2. That the board failed, by reason of a misunderstanding, to ap- 
pear and defend, and that they were unjustly refused a rehearing. 

3. That the old site was suitable, convenient, and at the center of 
population, both present and prospective; and that the reversal of 
the action of the board was without sufficient cause, there being no 
evidence that they abused their discretionary power or acted with 
injustice. 

From the transcript it appears that a committee was appointed to 
select a site for the erection of a school-house in subdistrict number 
two; that they reported in favor of the old site, and that their report 
was adopted by the board. The law provides that an appeal may be 
taken by any party aggrieved, from any order or decision of the 
board of directors. 



SCHOOL LAW DECISIONS. g3 

J. E. Brown v. District Townsliip of Van Meter. 

That there was an action of the board, and that the subject-matter 
to which such action relates is the location of a school-house site in 
subdistrict number two, there can be no reasonable doubt; hence, the 
action of the board was subject to appeal, and such appeal gave to 
the county superintendent jurisdiction in the matter of the location 
of said school-house site. Gosting v. District Township of Lincoln. 

It is the duty of the county superintendent to give due notice to 
all parties directly interested in an appeal from the board of direct- 
ors, and to afford full opportunity for the presentation of evidence; 
but the action of the board cannot properly be reversed upon the 
allegations of the appellant without proof, or by reason of the failure 
of the board to be present and make defense. The acts of the board 
are presumed to be regular, legal and just, and should be affirmed by 
the county superintendent unless proof is brought to show the con- 
trary. JBacon et al. v. District Township of Liberty. In this case, 
however, the board appear to have had due notice and ample oppor- 
tunity to defend the case. It is not claimed that any additional evi- 
dence could be produced that would materially affect the issue; but 
that the board, understanding through popular report that the case 
was withdrawn, failed to be present at the trial, and upon this ground 
ask for a rehearing, which was very properly refused. 

The site selected by the county superintendent is nearly central, 
being eighty rods west of that chosen by the board. Both appear to 
be suitable. The eastern part of the subdistrict is mostly prairie 
land, while the western portion is, to a considerable extent, timber 
land. 

The evidence as to which site will better subserve the interests and 
convenience of the residents of the subdistrict is conflicting. The 
board is entitled to the benefit of any doubt upon this point. Unless 
it is clearly proven that they have violated law, abused their discre- 
tionary power, or have acted with manifest injustice, their action 
should be affirmed. Edwards v. District Township of West Point. 

It is urged by the appellee that the same weight attaches to actions 
of an inferior appellate tribunal, upon appeal, that is given to tribu- 
nals having original jurisdiction. It is held that the action of the 



g4 SCHOOL LAW DECISIONS. 

D. C. Randall v. District Township of Lincoln. 

board in matters of which they have original jurisdiction, is alone 
entitled to this consideration by any superior tribunal upon appeal. 

Reversed, 
ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
September lY, 1875. 



D. C. Randall et al. v. District Township of Lincoln. 
Appeal from Cerro Gordo County. 

1. County Superintendent. The county superintendent may recon- 

sider and modify a decision on proof that it does not conform to law. 

2. SCHOOL-HOUSB SiTE. A Site located by the county superintendent can- 

not be changed by the board, while the condition of the district remains 
without material change. 

The board of the above named district township having located a 
school-house site in subdistrict number six the county superintend- 
ent; on appeal, reversed their action May 4, 1875, selecting a site one- 
fourth of a mile further west; but upon information being received 
that said site was not upon a public highway, according to a recent 
decision of the circuit court, reconsidered the decision, and located 
the site May 24, 1875, at a point near the northeast corner of the 
northwest one-fourth of section 15, of said township,. Upon this site 
a school-house was subsequently erected. The board at their regular 
meeting in September relocated the site, at the point previously 
selected at their April meeting. This action was again reversed by 
the county superintendent on appeal. J. R. Perry, on behalf of the 
board, appeals to the superintendent of public instruction. 

The points involved in this case are, first, the right of the county 
superintendent to re open and review a case after the decision has 
been announced; and secondly, the right of the board to change a 
site which has been selected by the county superintendent while the 
condition of the subdistrict remains unchanged. 

The county superintendent, upon evidence that the site had not 
been fixed in accordance with the provisions of the law requiring 



SCHOOL LAW DECISIONS. 85 

Josepb Hays v. District Township of Chester. 

school-house sites to be upon a public highway, had authority to recall 
the decision and select another site. 

A school-house site located by the county superintendent on appeal 
cannot be legally changed by the board while the condition of the 
subdistrict remains without material change. 

The decision of the board of September 20. to attach certain terri- 
tory to the subdistrict did not so change its condition as to authorize 
the relocation of the site at that meeting, since, by the provisions of 
section 1796, School Laws of 18'74, such change does not take effect 

until the next subdistrict election thereafter. 

Affikmbd. 

ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
February 10, 1876. 



Joseph Hays v. District Township of Chesteb. 
Appeal from Poweshiek County. 

1. Appeal. Appeal may be taken from the action of the board in laying 
the subject-matter of a petition on the table. 

2. Evidence. SuflScient latitude should be allowed in the introduction of 
testimony to permit a full presentation of the issues involved, even if 
irrelevant testimony is occasionally admitted. 

Subdistrict number one, district township of Chester, is composed 
of sections 1, 2, 11, 12, 13 and 14; and subdistrict number six of said 
district township is composed of sections 23, 24, 25, 26, 27, 34, 35 and 
36. 

A petition was presented to the board of directors praying that 
sections 1, 2, 11 and 12 be made a subdistrict. The board being in 
session, a motion was made to form one subdistrict, to be composed 
of said sections 1, 2, 11 and 12, and another subdistrict to be com- 
posed of sections 13, 14, 23 and 24. This motion was lost, reconsid- 
ered, and again lost, when, on motion, the whole subject was laid on 
the table. 

Upon appeal the county superintendent made an order for the for- 



86 SCHOOL LAW DECISIONS. 

Joseph Hays v. District Township of Chester. 

mation of two subdistricts as follows: subdistrict number one to con- 
sist of sections 1, 2, 11 and 12; subdistrict number six to consist of 
sections 13, 14, 23 and 24. Winchester Stockwell, on behalf of the 
board, appeals to the superintendent of public instruction. 

At the hearing before the county superintendent the appellee moved 
to dismiss the case for the reason that the secretary's transcript shows 
the subject-matter complained of to be still pending before the board, 
and that no final decision or order had been made in relation to the 
case. 

From the transcript it appears that the board had twice refused by 
direct vote to form the subdistricts in question. The subsequent mo- 
tion to lay the whole matter on the table was a convenient method of 
preventing further discussion. 

The motion was properly overruled. 

One of the errors assigned in the affidavit is, that the superintend- 
ent permitted the introduction of testimony pertaining to matters 
outside of those presented by the appeal. If this were true, which is 
not apparent from the record, it would not form a valid ground for 
reversal. 

Considerable latitude should be allowed in the introduction of tes- 
timony, to make a full presentation of the issues of the case, even 
if irrelevant testimony is occasionally admitted. 

Some of the residents upon the territory in question have an unrea- 
sonable distance to send to school. The change made by the superin- 
tendent establishes two subdistricts of uniform size and shape, and 
will probably permit the erection of school-houses on permanent sites, 
convenient of access for all; and, it is believed, will eventually prove 
to be for the best interests of the district. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

April 15, 1876. 



SCHOOL LAW DECISIONS. 



87 



Mary M. Thompson v. District Township of Jasper. 



Mart M. Thompson v. District Township of Jasper. 
Appeal from Adams County. 

1. Teacher. When a teacher is dismissed, in violation of his contract, an 
action in the courts of law, on the contract, will afford him a speedy 
and adequate remedy; when discharged for incompetency, dereliction of 
duty, or other cause affecting his qualifications as a teacher, he has the 
right of appeal. 

2. . The teacher is entitled to the counsel and co-operation of the 

subdirector and board in all matters pertaining to the conduct and wel- 
fare of the school. 

The board discharged Miss Mary M. Thompson for dereliction of 
duty as teacher in one of the public schools of the district. She ap- 
pealed to the county superintendent who reversed their decision; 
from this action, the board, through their president, John McDevon, 
appealed to the superintendent of public instruction. 

At the hearing before the county superintendent, the board filed a 
motion to dismiss the case, for want of jurisdiction, insisting that the 
teacher, having been dismissed in accordance with the provisions of 
section 1734, Code, her proper remedy was an action at law for dam- 



When a teacher is dismissed, in violation of his contract, an action 
in the courts of law, on the contract, will afford him a speedy and 
adequate remedy; when discharged for incompetency, dereliction of 
duty, or other cause affecting his qualifications as a teacher, he has 
the right of appeal to the county superintendent, who is the proper 
officer to review questions of this character, and to determine whether 
the board have in the exercise of their authority violated the law or 
abused their discretionary power. Questions concerning the validity 
of contracts, the right to recover for services performed, and the in- 
terpretation of law, belong especially to judicial tribunals. Ques- 
tions concerning the character and qualifications of the teacher, and 
his management of the school, are, by appeal, within the jurisdiction 
of the county superintendent. 

The motion to dismiss was properly overruled. 



gg SCHOOL LAW DECISIONS. 

M. M. Crookshank y. District Township of Maine. 

The charges of dereliction were, want of promptness in commenc- 
ing school in the morning, and an occasional refusal to hear the reci- 
tation of one or more of her pupils. For this dereliction there 
appears to have been some extenuating circumstances. Under the 
contract it was the subdirector's duty to have fires built. The 
boy employed to do this work often failed to have the school-house 
in comfortable condition at nine o'clock; the teacher usually made up 
lost time by teaching after four o'clock, and there is no evidence that 
the subdirector or board ever advised her with regard to the per- 
formance of her duties. The board convened at the school-house 
without previous notice to the teacher, and after taking the testimony 
of some of her pupils, unanimously voted to discharge her. 

Affirmed. 

ALONZO ABERNETHY, 

Superintendent of I^hlic Instruction. 

May 8, 1876. 



M. M. Ckookshank v. District Township of Maine. 

Appeal from Linn County. 

1. Appeal: When an adequate remedy. From the exercise of ordinary dis- 
cretion in the performance of an oflScial duty, enjoined by law upon 
the board, appeal may be taken to the county superintendent; but from 
a refusal to act, or from an action thereon clearly designed to defeat the 
purpose of the law, an application to the courts of law to compel the 
performance of the enjoined duty will afford the most speedy, and in 
some cases the only adequate, remedy. 

A petition purporting to be signed by one-third of the legal voters 
of the district township of Maine was presented to the board March 
20, 18Y6, asking that a meeting of the electors be called to vote upon 
the question of independent organizations. 

The board ordered that the meeting be held on the day for the 
next presidential election. On appeal this action was reversed as not 
being in compliance with the law, and designed to defeat the purpose 
for which it was intended, and the board was ordered to call the 



SCHOOL LAW DECISIONS. gQ 



M. M. Crookshank v. District Township of Maine. 



meeting in time to permit the formation of independent districts if 
BO determined by vote of the electors. H. O. Bishop appeals to the 
superintendent of public instruction. 

The action of the board in deferring the vote to determine the 
question of independent district organizations until the November elec- 
tion, was evidently for the purpose of defeating the measure, since 
by the provisions of section 1804, Code, the organization of such in- 
dependent districts shall be completed on or before the first day of 
August of the year in which said organization is attempted. 

From the exercise of ordinary discretion in the performance of an 
official duty enjoined by law upon the board appeal may be taken to 
the county superintendent; but from a refusal to act or from an ac- 
tion thereon clearly designed to defeat the purpose of the law, an 
application to the courts of law to compel the performance of the 
enjoined duty will afford the most speedy and in some cases the only 
adequate remedy. 

The examination of the issues involved in the case can be of no 
avail, since the opportunity to vote upon the question of independent 
district organizations no longer exists, the law authorizing the form- 
ation of such districts having been repealed, to take effect July 4, 
1876. Chapter 155, laws of the sixteenth general assembly. 

The decision of the county superintendent is, therefore, reversed 
and the case dismissed. 

Rkvbrsed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 21, 1876. 



12 



90 SCHOOL LAW DECISIONS. 



S. W, Woods et al. v. District Township of Brighton. 



S. W. Woods et al. v. District Township of Bbighton. 
Appeal from Cass County. 

1. Board of Directors. The acts of the board are presumed to be reg- 

ular, legal and just; and should be affirmed on appeal unless proof is 
brought to show the contrary. 

2. School- house Site. The prospective wants of a subdistrict may prop- 

erly have weight in determining the selection of a site, when sueh selec- 
tion becomes necessary; but not in securing the removal of a school- 
house, conveniently located for the present. 

3. . To make a distinction between the children of freeholders and 

those of tenants in determining the proper location for a school-house, 
is contrary to the spirit and intent of our laws. 

The board of directors, by a vote of five to two, rejected a petition 
asking the removal of the school-house in subdistrict number eight. 
On appeal, the county superintendent reversed the action of the board, 
and ordered the removal of the school-house to the place named in 
the petition. Wm. F. Altig appeals to the superintendent of public 
instruction. 

Subdistrict number eight contains sections 27, 28, 33, 34, and sixty 
acres lying in section 32, and has a good, commodious school-house, 
erected three years ago, one-half mile west of the center, on a public 
road passing east and west through the center of the subdistrict. 

There are about thirty children of school age in the [subdistrict, 
twenty-two of whom reside in the western half, and nineteen west of 
the present site. All those residing east of the present site, except 
one child, are within a mile and a half of the school-house, while by 
the proposed removal, a large number would be at a greater dis- 
tance. 

The action of the board in refusing to remove a school-house 
should not be interfered with on appeal, except upon evidence of vi- 
olation of law, or abuse of discretionary power. In this case there is 
no evidence of such abuse. 

The prospective wants of a subdistrict may properly have weight 
in determining the selection of a site upon which to build a school- 



SCHOOL LAW DECISIONS. Q;!^ 

Baptist Hardy v. District Townsliip of Wyacondali. 

house, when such a selection becomes necessary, but not in determin- 
ing the removal of a house, located conveniently for the present 
wants of the subdistrict. 

It appears that a considerable portion of the school population 
consists of the children of tenants, and much stress is laid upon the 
assumed distinction that should be made between the children of 
tenants and those of freeholders, in determining the proper location 
of the school-house. Distinctions based upon the ownership of prop- 
erty, or permanence of residence are not made in the law, would 
not well comport with the fundamental principles upon which our 
public school system is based, and should not have weight in deter- 
mining the location of school-house sites. 

It is the duty of the board to provide equal school facilities for the 
youth of the district as far as practicable, regardless of considera- 
tions relating to permanence of residence. 

The school-house may properly be removed whenever the condi- 
tions of the subdistrict require it, but unnecessary expense should not 
be incurred in such removal in anticipation of possible, or even prob- 
able, changes of this character. 

Reveesed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction^ 

July 31, 1876. 



Baptist Hardy v. Disteict Township of Wyacondah. 

Appeal from Davis County. 

Jurisdiction. In cases involving the validity of district organization no 
appeal will lie. The remedy is a writ in the nature of quo warranto. 

On the third day of April, 18Y6, at a special meeting of the five 
members of the board of directors, a petition from one-third of the 
voters was received in favor of organizing independent districts, and 
an election was ordered for the 15th of April, to submit the question 
of changing the district township organization to that of independent 
districts under the provisions of sections 1815-1818, Code. 



92 SCHOOL LA.W DECISION'S. 

Baptist Hardy v. District Townslilp of Wyacondali. 

The election was held and a majority of fourteen decided in favor 
of separate organization. The board, at a special meeting on the 27th 
of May, called meetings in each subdistrict for the election of officers 
according to law. 

On the 10th of June, the day designated by the board for said 
election, five subdistricts elected officers and by implication the others 
did not. 

From the last order Baptist Hardy appealed to the county superin- 
tendent, because all the several acts or steps by which this last action 
was reached were resting upon an illegal act or in fact on no act at 
all, since the special meeting claimed to have been held on April 3, 
was not a meeting of said board, but only the action of five members 
of the board who met accidentally. 

The county superintendent dismissed the case tor want of jurisdic- 
tion, and Mr. Hardy appeals to the superintendent of public instruc- 
tion. 

While the alleged irregularities in this case differ, the main issue 
is the same as that in JV. T. Bowen v. District Township of Lafayette, 
p. 124, School Law Decisions of 1876, and since all the essential 
features are there disposed of, it is unnecessary to review them. 
Side issues might be decided by this department; but it is deemed 
useless to do so, as the want of jurisdiction in cases involving the 
validity of district organizations, gives us no power over the main 
issue. The decision of the county superintendent is 

Affirmed. 
C. W. VON COELLN, 
Superintendent of Public Instruction. 

September 27, 1876. 



SCHOOL LAW DECISIONS. 



9B 



J. N. Arthur et al. v. Independent District of Fairway. 



J. N. Aethue et al. v. Independent Disteict of Faieway. 
Appeal from Adams County. 

1. School-house Sites: Location of. The necessities of the present must 

be observed in locating school-house sites, in preference to the probabil- 
ities of the future. 

2. New Evidence. New evidence can be introduced only when the facts 

materially affecting the case could not have been known before the trial. 

3. Remanding of Cases. When the evidence discloses that the action of 

the board was an unwise one, and the facts are not sufficiently shown to 
determine what should be done, the case should be remanded to the 
board. 

In this case the board of the independent district of Fairway, num- 
ber three, made an order on the 26th of April relocating the school- 
house site; from this order John N. Arthur, John Weller and others, 
residents of the district, appealed to the county superintendent, and 
upon his affirming the action of the board, to the superintendent of 
public instruction. 

The district consists of sections one, two, eleven, twelve, thirteen 
and fourteen, and the old school-house stands near the southwest 
corner of the southeast quarter of section one. The proposed new 
site is in the northwest comer of the southwest quarter of the north- 
west quarter of section twelve, on a public highway, and one quarter 
of a mile north of the geographical center of said district. 

The grounds of objection by the appellants to the removal are sub- 
stantially, that the new site is on low bottom lands and subject to 
overflow, not accessible at all times of the year; and that it is not as 
near the center of school population as the old site. They also sug- 
gest, that a location at the cross-roads one-half mile east of new site 
is better ground and more convenient to the people. In fixing the 
school-house site, the geographical position and the convenience of 
the people of each portion of the district should be considered. Sec- 
tion 1724, School Laws of 1876. 

From the large amount of testimony it is evident that the new site 
chosen is in a low place, and an affidavit sent to this office, and signed , 



Q4 SCHOOL LAW DECISIONS. 

J. N. Arthur et al. v. Independent District of Fairway. 

by a number of residents, proves beyond question that the site has 
been overflowed for several days of the last month. By a close com- 
parison it is found that the number of residents who will have their 
distance to school increased by choosing the new site, is greater than 
of those who will have their distance diminished. By locating the 
school-house at the cross-roads, one-half a mile east of the proposed 
new site, which is claimed to be higher, and, therefore, less liable to 
overflow, three-fourths of the residents will have their distance di- 
minished by forty to one hundred and sixty rods. 

Although it may be true, as is affirmed in the testimony, that the 
western part of the district is as capable of settlement as the eastern 
part, the necessities of the present must be observed in locating 
school-house sites, in preference to the probabilities of the future. 
While it is the rule of this department to sustain discretionary acts of 
the board, it seems that in this case the true interest of all concerned, 
and justice to a large portion of the people, demands that the school- 
house should not be moved to the new site chosen. 

To what extent the high waters of last month did affect the other 
locations under consideration, is not known to this department; it is, 
therefore, best to let the matter come up anew before the county 
superintendent for a rehearing. 

The decision of the county superintendent is, therefore, reversed, 
and the case remanded for a rehearing, with the direction from this 
department, that the proposed new site is an unsuitable one for school 

purposes. 

Reversed. 

C. W. VON COELLN, 

Superintendent of Public Instruction. 
October 31, 1876, 



SCHOOL LAW DECISIONS. 95 

B. Buzzard v. Independent District of Lit)erty.. 

R. BuzzAED V. Independent District of Liberty. 
Appeal from Monroe County. 

Quo Warranto. The only proper means of aflarming the right to exer_ 
cise the privilege of an office, or to contest the illegal exercise of the 
same, is set forth in sections 3345-3352, Code of 1873. 

This is an action brought to compel the board of the independent 
district of Liberty to recognize R. Buzzard as a member elect. 

The evidence in the case seems to show that the appellant vras duly- 
elected and qualified. On presenting himself at the meeting of the 
board, he was, by vote cf the board, debarred from acting, and another 
person admitted as a member. 

From this order of the board, he appealed to the county superin- 
tendent, who dismissed the case for want of jurisdiction. 

From this action, R. Buzzard appeals to the superintendent of pub- 
lic instruction. 

It has been the uniform decision of this department that the right 
or title to office cannot be determined by any authority other than a 
court of law. 

We are compelled to agree with former opinions, by supreme court 
decisions, 16 Iowa, 3Yl; 17 Iowa, 368; 22 Iowa, 15, in which the fact 
that an information, quo warranto, is the only proper means legally to 
affirm the right to exercise the privileges of an office, or to contest 
the illegal exercise of the same, is clearly set forth. 

In all cases over which we have jurisdiction, our decision is final; 
hence, if for no other reason, we cannot assume jurisdiction in this 
matter, as both parties have access to the courts, as provided by sec- 
tions 3345-3352 of the Code. 

The county superintendent, therefore, very properly decided to dis- 
miss the appeal, and his order in the case is hereby 

Affirmed. 
C. W. VON COELLN, 
Superintendent of Public Instructio7i. 

Julv 2, 1877. 



gg SCHOOL LAW DECISIONS. 

William Hays v. District Township of Jefferson. 

William Hats v. Distkict Township of Jeffbeson. 

Appeal from Butler County. 

Highway. Since the law requires a scliool-house site to be located on a 
public highway, such public highway must be fully established by law 
before the location can be made. 

In this case, the board relocated the site for a school-house in sub- 
district number three, changing it from the northeast corner of sec- 
tion 35 to the center of the district, one-half mile farther north." 

Appeal was taken to the county superintendent, who, on trial, af- 
firmed the action of the board. From his decision, Wm. Hays ap- 
peals to this department. 

Subdistrict number three is three sections in length and two in 
width, comprising sections 23, 24, 25, 26, 35 and 36. The school house 
stands on the northeast corner of section 35, or in the center of the 
four sections, 25, 26, 35 and 36. The large size of the district and 
the fact that sections 25 and 26 have a number of wide sloughs run- 
ning through them, have caused great dissatisfaction to a portion of 
the residents. To compromise the matter an effort was made to 
locate a road connecting the two roads running east and west through 
the district and passing by the center. The road would be one and 
one-half miles long. The supervisors, probably at their September 
meeting, ordered a part of this road, one mile commencing at the 
quarter post between sections 23 and 24 and running soiith, to be 
opened on certain conditions which were to be fulfilled before their 
January session. The record shows that these conditions were not 
fulfilled by that time, and does not show any final action as provided 
ty section 947 of the Code. Hence the road has not been established 
by law, neither does the evidence show that it has been established 
in fact, unless the hauling of a few loads of hay along the prairie 
makes a road of the wagon track. Hence, if for no other reason, 
the action of the board violated the law by locating the house away 
from a public highway, and the county superintendent erred in affirm- 
ing said action. 

It is the duty of the superintendent to satisfy himself that all the 



SCHOOL LAW DECISIONS. 



William Hays v. District Township of Jefferson. 



conditions of the law are strictly observed in the location of a school- 
house. We are strongly in favor of supporting boards in their exer- 
cise of discretionary power; but an appeal is made for the purpose of 
testing the equity of the case. 

To remove a school- house from the center of a four section district 
to accommodate a larger district which must sooner or later be re- 
duced, is, to say the least, unwise. 

Besides, equity in this case is utterly disregarded, when persons 
are obliged to travel five miles by the road, to a school- house situated 
in a cul de sac, or a.t the end of the road. This is not bettered by 
the fact that this location is the center of the district. Would it be 
wise to locate in such center, provided it was a duck pond ? From 
the evidence, this is but little better, because surrounded by sloughs 
on all sides. 

In a district three miles long and two miles wide, there is great 
probability that some will be deprived of the privileges of school by 
reason of distance. It is suggested that if the requisite number of 
children is not lacking, the board redistricts subdistricts three and 
five, making three subdistricts of four sections each instead of two 
with six each. This would seem to remove all difficulty of location 
of school-house sites. 

As the action of the board violated law in not establishing the 
school-house site upon a public highway, and since the county super- 
intendent sustained the order, his decision is hereby 

Reversed. 
C. W. VON COELLN, 
SuperintendeJit of Public Instruction. 

July 6, isn. 



13 



98 



SCHOOL LAW DECISIONS. 



J. J. Wilsou et al. v. District Township of Monroe. 



J. J. Wilson et al. v. District Township op Monroe. 
Ap2)eal from Mahaska County. 

1. County Superintendent: Jurisdiction of. The county superintend- 

ent is not limited to a reversal or affirmance of the action of the board, 
but he determines the same questions which they had determined. 

2. School-house Site: Location of. The location of a school-house can 

be dependent upon a change of boundaries only when it is shown in evi- 
dence that it is the intention to make such change. 

3. Conditional Ruling. A county superintendent may make a condi- 

tional ruling, by which his own decision is governed. 

On the 14th day of April, 1877, the board of the above named dis- 
trict township located the site for a school-house. 

From their action J. J. Wilson and others appealed to the county 
superintendent, alleging that the board had erred in making the loca- 
tion, in that, by reason of distance owing to the location of the roads, 
the location as made effectually deprived many of the subdistrict of 
the privilege of attendance at school. On trial, the county superin- 
tendent reversed the action of the board and located a new site. 
From his decision the board appealed to this department, claiming 
that the county superintendent erred in selecting a site entirely differ- 
ent from those with reference to which testimony was taken ; that it 
is on the extreme east line of said subdistrict, and hence cannot be 
called at all central; that the board took into account in making the 
location the possibility of a change in the northern boundary of the 
subdistrict, which would make tha situation chosen a suitable one for 
the remaining subdistrict; that a portion of his decision was condi- 
tional and void; and that the board did not abuse the discretion 
vested in them by making the location as they did. 

The assumption that the county superintendent did not have the 
right to locate a school house site differing in location from the one 
made by the board, or the one petitioned for by the appellants, is a 
mistake. See John Clark v. District Toionshi}) of Way^ie, School 
Law Decisions, 1S76, page 47; also opinion of the attorney general in 



SCHOOL LAW DECISIONS. 



99 



J. J. Wilson et al. v. District Township of Monroe. 



Iowa School Jotir7ial for April, 1866, in which the following ruling 
was made: 

"The county superintendent is not limited to a reversal or affirm- 
ance of the action of the board, but he determines the same questions 
which it had determined." The nature of the subdistrict is peculiar. 
It is long and narrow, and its western boundary, the North Skunk 
river, which also makes nearly all its southern boundary, is a disturb- 
ing element when we attempt to locate the site of a school-house to 
accommodate all the people- 
While under ordinary circumstances a site near the boundary of a 
subdistrict would be unadvisable, in this case it seems necessary, un- 
less additional road facilities can be secured. 

The site selected by the county superintendent is clearly the one 
best calculated to accommodate the whole subdistrict as constituted 
at present. 

The location of a school-house site can be dependent upon a change 
of boundaries only when it is shown in evidence that it is the inten- 
tion of the board, or boards, to make such change. See ^. Gosting 
V. District Township of Lincoln^ School Law Decisions, page 80. In 
this case, it is not claimed that any change is actually intended or 
expected. The limit, as made provisionally by the county superin- 
tendent, of thirty days for such changes of roads as would make a 
more central location feasible and desirable, was too short a time, 
under the provisions of law, to effect the result. For that reason we 
shall extend the time for the establishment of a road to ninety days 
from the date of his decision, or to such time as the board of direct- 
ors may show to be necessary to establish the road, provided, that 
immediate steps shall be taken to bring about the result, if desired. 
The discretion of the board was evidently abused in not providing 
equal school facilities for those living in the northern portion of the 
subdistrict, by their location of the school-house site. 

In case the road contemplated is secured, the board may locate the 
site thereon, as near the center of the district as good and suitable 
ground can be found. If no steps are taken to secure such a road, or 
in case the road cannot be procured, the location last chosen by the 



100 



SCHOOL LAW DECISIONS. 



Kennon, Orme, Bullock et al. v. Independent District Number Four, Nodaway Township. 

county superintendent is to be regarded as the site, and his decision 
is hereby 

Affirmed. 
C. W. VON COELLN, 

Superintendent of Public Instruction. 
August 7, 1877. 



Kennon, Orme, Bullock et al. v. Independent District Number 
Four, Nodaway' Township. 

Appeal from Adams County. 

1. School house Site. The choice of a school-house site by the electors 

has no binding force. 

2. Discretionary Acts. Since the board have original jurisdiction, their 

discretionary acts should not be interfered with by an appellate tribunal, 
although not agreeing with their judgment, unless they violated law, 
showed prejudice or malice, or abused their discretion in such a manner 
as to require interference. 

At the annual meeting in March, 1877, the electors of independent 
district number four, Nodaway township, voted to issue bonds to 
build a school house, not specifying where to build said house. The 
board called an informal meeting of the electors, which was held 
May 12, to give expression to their views as to the location they 
would prefer. On the second of June the board made a location 
differing from the one which a majority of the electors had indicated 
as their choice. From this order of the board, Kennon, Orme, Bul- 
lock et al., appealed to the county superintendent, who on trial, re- 
versed the order of the board, and selected the site chosen by the 
electors at the special meeting. David Shipley and Joseph Landes, 
members of the board, appeal to the superintendent of public in- 
struction. 

The evidence in the case discloses a desire on the part of the board 
to determine without pre judice, the best site. The expression of the 
electors, as given, was only suggestive, and not of binding force. If 
the site had been fixed by them at the time of, and in connection 



SCHOOL LAW DECISIONS, 201 

Kennon, Orme, Bullock et al. v. Independent District Number Four, Nodaway Township. 

with, the voting of the bonds, the board would have been compelled 
to follow those instructions. See Hubbard v. District Township of 
Lime Creek, School Law Decisions, page 78, first division of syllabus. 
But there is no provision in law for an extra or special meeting of 
electors to instruct a board with regard to the location of a site, nor 
are such suggestions of any force except as an expression of opinion, 
since the board are by law invested with the power to locate sites. 

The fact that one member of the board changed his mind with re- 
gard to the best location, shows, that on further consideration, his 
judgment led him to favor the site best adapted to the needs of the 
district, since we may not question his motives, but must regard his 
action as based upon proper grounds. 

The site chosen by the board is near the geographical center of the 
district; and the location of the roads, as shown by the plat in evi- 
dence, is such as would not warrant us in reversing the discretionary 
act of the board. And even though an appellate tribunal does not 
fully coincide with the decision of the board, it is compelled to sus- 
tain their action, unless it is proved conclusively that they violated 
law, acted with passion or prejudice, or with manifest injustice, since 
boards of directors are invested by law with large discretionary pow- 
ers, and, having original jurisdiction, their acts are entitled to great 
consideration, and should not be reversed without the clearest rea- 
sons. The board are entitled to the benefit of every doubt. See 
JBacon v. District Township) of Liberty, School Law Decisions of 1876, 
page IbO; , Edwards v. District Township of West Point, School Law 
Decisions, page 35; also Brown v. District Township of Van Meter, 
School Law Decisions, page 82. 

Because we do not believe that the discretionary power of the 
board has been abused to such an extent as to require a reversal, the 
county superintendent should have affirmed the action of the board 
and his decision is hereby 

Reveesbd. 
C. W. VON COELLN, 
SuperiJitendent of Public Instruction 

November 13, 1877. 



-^02 SCHOOL LAW DECISIONS. 



T. J. Dunlavy v. O. M. Klinginsmith. 



T. J. Dunlavy v. O. M. Klinginsmith. 
Appeal fr()m Davis County. 

1. Punishment. The use of the rod is allowable as a last resort. 

2. Certificate: Revocation of. The inability to govern is sufficient reason 

for withholding a certificate and for the revocation of the same. 

3. : A certificate which has expired by limitation cannot be 

revoked. 

In this case of T. J. Dunlavy brought charges against O. M. Klingin- 
smith, the teacher of his children, for brutal treatment, the specifica- 
tion being that said Klinginsmith whipped Dunlavy's step son cruelly 
and excessively. Other charges were first prepared, but finally with- 
drawn. The county superintendent decided that the charges were 
not sustained, and Mr. Dunlavy appeals to this department. 

The claim made by appellant's counsel, that all whipping is now 
nearly frowned down by the people, if not by the courts, does not 
seem to be well founded, when we consider the strong position taken 
by our own court in 45 Iowa, 250. That the use of the rod is the last 
resort of a good teacher, and is seldom used, we all admit; but 
scarcely an experienced educator will say that the use of the rod 
should be absolutely discontinued. On the other hand, the counsel 
for appellee mistakes the jurisdiction of the county superintendent, 
when he claims that such a case as this one cannot afl!ect the with- 
holding or revocation of a certificate. 

Although the general character of the teacher may be good, if he 
should fail to be able to govern a school without the constant use of 
the rod, and govern but poorly at that, it is the duty of the county 
superintendent to protect the people from abuse by refusing to grant 
a certificate, or if he has granted it, he may revoke. 

In the case before us, it is undoubtedly true that the boy who 
received the whipping had provoked the teacher and deserved by his 
persistent small offenses a severe punishment. That the punishment 
was severe, and perhaps too severe, is apparent from the evidence. 
There is, however, no good proof to show that the teacher punished 
with malice or intent to injure beyond a reasonable correction. 



SCHOOL LAW DECISIONS. ]^03 

Z. Darnell v. Independent District of Amity. 

The case itself ought to have been dismissed by the county super- 
intendent, because, if there was any object in the charges, it was for 
the purpose of revoking the certificate; but a certifiicate expiring by 
limitation on the 6th of January could not be revoked on the 22d of 
January. 

As long as the case was decided on its merits, we feel obliged to 
sustain the discretionary act of the county superintendent. 
The decision of the county superintendent is hereby 

Affirmed. 
C. W. VON COELLN, 
Superintendent of Public Instruction. 
April 22, 1878. 



Z. Daenell v. Independent District of Amity. 
Appeal from Lucas County. 

1. Suspension or Expulsion. Suspension or expulsion of a scholar, in 

an independent district, requires the action of the board by a majority, 
and the concurrence of the president. 

2. Record. The record of the secretary must be considered as evidence, 

unless there is proof of fraud or falsehood. 

The majority of the board of the independent district of Amity, 
expelled Z. Darnell from their school for refusing to obey a rule of 
the teacher. The said Darnell appealed to the county superintendent, 
who affirmed the action of the board, and an appeal is taken to the 
superintendent of public instruction . 

Section 1735 requires a majority of the board with the concurrence 
of the president in order to suspend or expel a scholar for gross im- 
morality or persistent violation of the regulations or rules of the 
school. 

This we interpret to mean, that the board, in regular or special ses- 
sion, can by a majority of the board, with the concurrence of the 
president, suspend or expel. 

While there is some doubt in this case whether there really was a 
meeting of the board, we must accept the record of the secretary as 
correct so long as there is no proof of fraud or falsehood. 



104: SCHOOL LAW DECISIONS. 



James Jacoby et al. v. Independent District of Nodaway. 



Counsel for appellant seems to think that the law requires a regular 
trial and defense. 

The law makes no such demand. The remedy for an aggrieved 
party is an appeal before the county superintendent, where a trial 
is had and a defense can be made. 

The case in controversy shows on the trial that the young man, 
Darnell, had not obeyed the command of his teacher, who inflicted a 
slight punishment upon him and others; for a disturbance in which 
both he and other boys had participated. 

If this refusal to obey was persisted in, the board, under section 
1735, had the right to suspend or expel the said Darnell. 

The offense for which the punishment was given was perhaps of 
trivial character, but the refusal to obey on the part of a young man 
capable of reasoning, was a serious offense, and must be treated as 
such. 

The expulsion of the young man was undoubtedly a severe meas- 
ure, and if the case had been tried by us de novo, we should have 
substituted a conditional suspension until obedience was secured. 
But the discretionary act of the board is not tainted by malice nor 
passion, and there is sufficient reason for sustaining the action of the 
board. The decision of the county superintendent is, therefore, 

Affiembd. 
C. W. VON COELLN, 
Superintendent of Public Instruction. 

June 10, 18Y8. 



James Jacoby et al. v. Independent District of Nodaway. 
Aj^peal from Adams County. 

School-house Site. A school-house site fixed by county or state super- 
intendent affirming the discretionary act of the board, allows the board 
to exercise their discretion again, especially if material changes have 
occurred . 

Iq the summer of 1877, the board of the independent district of 
Nodaway located a school-house site. 



SCHOOL LAW DECISIONS. 205 

James Jacoby et al. v. Independent District of Nodaway. 

They selected one not desired by a large majority of the electors, 
as expressed at an informal meeting called by the board. An appeal 
was taken to the county superintendent, who reversed the action of 
the board, and in turn to the superintendent of public instruction, 
who reversed the decision of the county superintendent, thereby sus- 
taining the action of the board on the ground that abuse of the dis- 
cretion given by the law to the board, as charged, was not proved. 

Since the decision above referred to was rendered, a dwelling has 
been erected within twenty rods of the site chosen. 

Also, a material addition has been made to the district on its east 
side of a strip of land three miles in length and one half mile in 
width. At a meeting of the board of directors held April 22, 1878, 
they relocated the school-house site, choosing the old site in place of 
the one selected by them last year. From their action James Jacoby 
and others appealed to the county superintendent, who affirmed the 
order of the board. From his decision D. Shipley and Ed. Kennedy 
appeal to the superintendent of public instruction. 

This case was before us last year and we affirmed the action of the 
board in selecting the new site, sustaining the discretionary act of the 
board. Hence, the principle that a site selected by the county or 
state superintendent cannot be changed unless there have been ma- 
terial changes in the district, does not apply. There have been 
changes by the addition of new territory and a dwelling being erected 
within less than forty rods of the proposed site. The choice of the 
old site is in conformity with the wish of a majority of the electors, 
and does not prove any abuse of discretion, much less a violation of 
law. The action of the board is therefore sustained, and the decis- 
ion of the county superintendent 

Affirmed. 
C. W. VON COELLN, 
Superintendent of Pablic Instruction. 

August 26, 1878, 



14 



106 



SCHOOL LAW DECISIONS. 



L. E. Cormack et al. v. District Township of Lincoln. 



L. E. CoKMACK V. District Township of Lincoln. 
Appeal from, Adams County. 

1. Contracts. An appeal will not lie to enforce a contract. 

2. Janitorial Services. If a teacher serves as janitor in sweeping the 

room and building fires, he should be paid from the contingent fund for 
such services, 

Mr. Vandyke, a subdirector in the district township of Lincoln, 
contracted with Mrs. L. E. Cormack as teacher for the winter term of 
school. The terms of the contract included that the teacher was to 
receive twenty-five dollars per month for teaching and one dollar and 
twenty- five cents a month for building the fires and sweeping the 
school-house. The board refused to audit the full account, which 
would give the teacher pay for janitor's work, claiming that said sub- 
director exceeded his authority in so contracting. Mrs. Cormack ap- 
pealed to the county superintendent who reversed the action of the 
board. W. C. Potter, president of the board, appeals to the superin- 
tendent of public instruction. 

This case has evidently for its object the securing of money on 
contract and as section 1836 prevents county and state superintend- 
ents from rendering a judgment for money, it has been the common 
custom to refuse to entertain any appeal in which a contract is to be 
decided by such appeal; for this reason the county superintendent 
should have dismissed the case for want of jurisdiction. 

It may not be out of place here to state, that unless a contract with 
the teacher provides that building fires and sweeping the house is in- 
cluded, the board cannot require such service of the teacher. The 
payment for such services should come from the contingent fund and 
should be specifically mentioned. The teachers' fund is not to be 
used for paying for janitorial services. 

Without deciding any question at issue, we are of the opinion that 
the subdirector did not exceed his authority given him by section 
1753 when he agreed to pay a reasonable sum for janitorial services 
beside the twenty-five dollars paid under instruction from the board 
for teacher's services. But since we do not consider the case within 



SCHOOL LAW DECISIONS. 1Q7 

District No. 2, Harlan Township v. District No. 1, Harlan Towriship. 

our jurisdiction the decision of the county superintendent is reversed 
and the case dismissed. 

Reversed. 
C. W. VON COELLN, 

Superintendent of Public Instruction. 
March 1, 1879. 
Note.— We have since learned that the teacher recovered in a suit in the courts at law. 



DisTBiCT No. 2, Haelan Township, v. District No. 1, Harlan 

TOVTNSHIP. 

Appeal from Page County. 

1. Affidavit. The lack of an affidavit is sufficient ground to refuse a 

hearing. 

2. Arbitration. If the county superintendent is asked to arbitrate no 

appeal will lie. 

3. Tuition. Collection of tuition under section 1793 cannot be done by 

appeal to the county superintendent, but must be settled through the 
courts. 

We fail to find in this case the aflBdavit of appeal from an action 
of the board of number one. This of itself is such an irregularity 
as to invalidate the whole proceeding. From the secretary's tran- 
script and the evidence we learn that district number two presented 
a bill of tuition to district number one, and that the latter refused to 
pay the same, whereupon the two boards agreed to an arbitration by 
the county superintendent. If this is the transaction we have no 
right to meddle with such arbitration, and it should be adhered to by 
both parties. If the case had been regularly before the county su- 
perintendent on appeal based upon proper affidavit our opinion is 
that the county superintendent should have dismissed the case, as it 
was indirectly a judgment for money, which neither county nor state 
superintendent can decide. Section 1886, Code of 1873. The man- 
ner of deciding such cases is indicated in section 1793. The account, 
if refused, should have been presented to the county auditor, and by 



108 SCHOOL LAW DECISIONS. 

W. F. Eankin v. District Township of Lodomillo. 

him be paid from the next semi-annual apportionment. The other 
board has a remedy by injunction upon the auditor. 

We would add here that we have held that such a notice by a sec- 
retary holds good only for the term, or for such longer time as the 
board may agree upon. 

At present, with the amendment made by the seventeenth general 
assembly, chapter 41, no such account can be made except by consent 
of the county superintendent, in which case no appeal will lie. 

With these explanations we feel obliged to dismiss the case as not 

within our jurisdiction. 

Dismissed. 

C. W. VON COELLN, 

Superintendent of Public Instruction. 
April 24, 1879. 



W. F. Rankin v. District Township of Lodomillo. 
Appeal from Clayton County. 

1, Records. The record of the secretary shall be considered as evidence, 

and not be invalidated by parol evidence unless there is proof of fraud 
or falsehood. 

2, Territory: Iransfer of. Where territory is to be transferred by con- 

current action of two boards to the district to which it geographically 
belonged, a majority of the members elect is not necessary, as required 
for the change of subdistrict boundaries. 

This appeal relates to the transfer of territory in the civil township 
of Cass, which has belonged to the district township of Lodomillo 
since 1856, to the township to which it geographically belongs. 

The board of the district township of Cass appointed a committee 
to meet a committee chosen by the Lodomillo board, to agree upon 
terms of transfer. The district township of Lodomillo also appointed 
a committee. The joint committee agreed upon a report, which the 
board of Cass adopted September 16, 18*78. On the 12th day of Oc- 
tober, 1878, the Lodomillo board, by a vote of four of the six mem- 
bers present of a board of ten, also adopted the report and accepted 
the proposition agreed to by the board of Cass. 



SCHOOL LAW DECISIONS. |Qg 

W. F. Raukin v. District Townsliip of Lodomillo. 

From the action of the Lodomillo board Wm. F. Rankin appealed 
to the county superintendent, who dismissed the case for want of 
jurisdiction, and stated that the action of the board was plainly in 
violation of law, since the law, section 1738, requires a majority of 
the board to change the boundaries of subdistricts. From this decis- 
ion W. F. Rankin appeals to the superintendent of public instruc- 
tion. 

The secretary's transcript of the transactions of the meeting of the 
board of Lodomillo, held October 12, 1878, does not show any irregu- 
larity in the transaction; does not show the number of members pres" 
ent, nor the number of votes cast by which the motion was carried. 

According to a well established principle of law the records of any 
public or private corporation must be considered as regular, and can- 
not be set aside by parol evidence, except under an allegation of 
fraud. Based upon the evidence of the transcript the whole transac- 
tion was carried on in conformity with law, and we can see no reason 
to interfere with the action of the board. 

If we admitted the testimony of M. E. Axtel, showing that only 
six members of a board of ten were present, and that four of these 
six voted for the transfer, we would still hold that said transfer was 
legally made. 

The action of the board was not a change of boundaries of subdis- 
tricts, but a transfer under section 1798. The territory transferred, 
being part of districts organized before the law of 1858 took effect, 
could be transferred by concurrent action of the boards to the district 
to which* it geographically belongs, and the limitation of section 
1738, requiring a majority of the board to change subdistrict bounda- 
ries, is not applicable to this case. 

The appeal is brought from the action of the board, which con- 
curred, and is therefore taken in a proper manner. For the reason 
set forth the action of the board is sustained and the decision of the 
county superintendent is 

Reveesbd. 
C. W. VON COELLN, 
Superintendent of Public Instruction. 

May 28, 1879. 



IIQ SCHOOL LAW DECISIONS. 

L. B. Colburn v. District Township of Silver Creek. 

L. B. CoLBUEN et al. v. District Township of Silver Lake. 
Appeal from Palo Alto County. 

1. Evidence. To establish malice or prejudice on the part of the board, 

positive evidence must be introduced, 

2. County Superintendents. A county superintendent should not ask 

the state superintendent to decide a case on appeal for him, but may ask 
for an interpretation of law, either by the state superintendent, or 
through him, by the attorney general. 

On the 25th day of August, 1879, the board of the district town- 
ship of Silver Lake fixed the location of a school house on the old 
site. 

From this order of the board, L. B. Colburn and others appealed to 
the county superintendent, who affirmed the action of the board, and 
from this decision the same parties appeal to the superintendent of 
public instruction. 

Among the errors enumerated, the appellants urge that the county 
superintendent erred in holding that the board was not actuated by 
passion or prejudice. 

We fail to find any evidence establishing the existence of such 
malice or prejudice on the part of the board. Appellants also claim 
that the county superintendent erred in basing his decision on the 
verbal opinion of the state superintendent, given prior to the hearing 
of the case. 

This gives us an opportunity of censuring a practice quite common 
among county superintendents to ask the superintendent of public 
instruction for his opinion in an appeal which is pending. I have 
made it a universal practice to refuse answers upon the questions in- 
volved in the particular case, and have given only the general princi- 
ples which should govern county superintendents in determining cases 
of appeal. These general principles are so well established that an 
intelligent county superintendent ought to be familiar with them. 

I believe that I advised the county superintendent in this case not 
to measure the respective distances of the different locations from the 
geographical center, before the trial of the appeal. 



SCHOOL LA.W DECISIONS. 211 

William Bartlett v. District Township of Spencer. 

It is proper for a county superintendent to ascertain the interpre- 
tation of points of law, by securing an opinion from this department, 
or from the attorney general, through this department. 

Without fully determining the merits of the respective locations, 
we must hold that the board did not abuse their discretion suflBciently 
to warrant interference. The appellants failing to prove malice or 
prejudice on the part of the board, their order should stand, and the 
decision of the county superintendent affirming their action is 

Affirmed. 
C. W. VON COELLN, 
Superintendent of Public Instruction. 
March 30, 1880. 



Wm. Bartlbtt v. District Township of Spbncer. 
Appeal from Clay County. 

1. Appeal. May be taken by any resident elector of the district, aggrieved 

by action of the board 

2. Boundaries. Must conform to congressional divisions of land. 

3 School-house Sites: Proper location of. Depends upon form of dis- 
tricts. 

On the 22d day of October, 1881, the board of the above named 
district township adopted the report of a committee locating a site 
for a school-house in subdistrict number nine, on the southeast corner 
of the southeast quarter of section twenty-one. 

From their order, Wm. Bartlett appealed to the county superin- 
tendent, who reversed the action of the board and located the site on 
the northwest corner of the northeast quarter of the southeast quar- 
ter of section twenty-one. 

From this decision of the county superintendent, C. F. Archer and 
D. A. Davis appeal to the superintendent of public instruction. 

The counsel for the appellants files a motion to dismiss the appeal 
on the ground that persons not parties to the hearing below are de- 
barred from appealing to the superintendent of public instruction. 

It has been repeatedly held that any person ag2;rieved may prose- 



112 SCHOOL LAW DECISIONS. 

William Bartlett v. District Township of Spencer. 

cute an appeal from the decision of the county superintendent, unless 
the right of appeal has been waived by previous agreement. See 
case of JEdwariis et al. v. District Township of West Point, page 35, 
School Law Decisions, 1888. Also, case of Gosting v. District Town- 
ship of Lincoln, page 80, same. 

The subdistrict in which the location was made was formed by 
action of the board at their regular meeting in last September. The 
boundaries fixed by the board at that time, as shown by the plats in 
evidence, are the Little Sioux river and Prairie creek on the north, 
east and south, and the half section line running; north and south 
through sections eighteen, nineteen, thirty and thirty^one, as the 
western boundary. 

It is shown by the plat, that the half mile strip on the western side 
of the subdistrict is supposed not to belong to subdistrict number 
nine, and it is stated by the county superintendent that this territory 
is supposed to be temporarily attached to the adjoining township for 
school purposes. We are compelled to notice this irregularity of 
boundaries, since the proper location of any school-honse obviously 
depends largely upon the form and extent of the territory for which 
the house is designed. Section 1*796, providing for the creation of 
subdistricts and for subsequent alterations in their boundaries, con- 
tains the following: Provided, That the boundaries of subdistricts 
shall conform to the lines of congressional divisions of land. 

When government lines follow large streams, or other bodies of 
water, a division is sometimes formed containing less than forty 
acres, but unless such exception applies, the smallest congressional 
division is the one-sixteenth of a section, or forty acres in a square 
form. 

In fixing the boundaries of subdistricts no smaller subdivision can 
be made, and a forty acre tract must be included in the subdistrict, 
or excluded, as a whole. 

The only provision of law by which the half mile strip could be 
attached to the adjoining district township, is found in section 1Y97. 
The transfer can be made only when natural obstacles intervene. 

It is apparent from the plats in evidence that no large unbridged 
stream, or any other natural obstacle, exists. Hence we must con- 
clude that it is the duty of the board of directors of the district town- 
ship of Spencer to provide that the strip in question shall be a part 



SCHOOL LAW DECISIONS. 213 

E. H. Colcorcl v. District Township of Vinton. 

of some subdiatrict. It seems probable that a portion of the territory 
referred to will naturally fall to subdistrict number nine. 

The county superintendent appears to have presumed that the sub- 
district would ultimately include all the territory to the township 
line. 

That the territory does belong to the district township of Spencer, 
unless it has been attached to the adjoining township in accordance 
with section 1Y9Y, there can be no question. 

Such being the facts in this case, and the evidence disclosing that 
the board did not exercise that care in selecting a site which is desir- 
able when so many interests are involved, we are disposed to remand 
the case to the board, with the suggestion that they adjust the bound- 
aries of the subdistrict, and determine upon some other site than the 
one chosen by them, with the intention to furnish the best accommo- 
dation to all parties. 

Rbvbbsed and remanded. 
J. W. AKERS, 
Superintendent of Public Instruction. 

February 15, 1882. 



E. H. CoLCOED Y. Independent District of Vinton. 
Appeal from Benton County. 
School Privileges. Determined by the residence of the child. 

The board of the above named district refused Ola Penine, a girl 
living in the family of Mr. Colcord, admission to school unless tuition 
was paid, the board regarding her as a non-resident scholar. Mr. 
Colcord appealed from their order to the county superintendent, who 
affirmed the action of the board, and Mr. Colcord appeals to the su- 
perintendent of public instruction. 

The leading question to be determined in this case is the residence, 

for school purposes, of Ola Penine. It appears from the evidence 

that she has been living in the family of Mr. Colcord for the last 

seven years, and that she was placed there by her father with the 

15 



114: SCHOOL LAW DECISIONS. 

E. H. Colcord v. District Township of Vinton. 

understanding that she should make that her home and be sent to 
school. 

There is nothing to show any understanding as to the time she was 
to remain, but her father testifies that he had not surrendered control 
of her, and that she was subject to be called to his home at any- 
time. 

While her residence within the independent district of Vinton may 
be, in the meaning of the school law, of such a character as to entitle 
her to school privileges, this fact has not been clearly established, 
and we cannot find that the county superintendent erred in affirming 
the order of the board. 

It is the presumption of law that every child is entitled to the priv- 
ileges of the public schools in some district, and the first part of sec- 
tion 1794 very clearly makes the actual residence of the pupil the 
test by which to determine where he may attend school. We are of 
the opinion that the affidavit of Mr. Colcord, that Ola Penine is a 
member of his family and a resident of the independent district of 
Vinton, would entitle her to attend the schools free of tuition. If 
such an affidavit had been presented, and the board had refused per- 
mission, we think the county superintendent would then have erred 
in sustaining the board. 

Under the circumstances the decision of the county superintendent 

is 

Affirmed. 

.J. W. AKERS, 

Superintendent of Public Instruction. 
March 31, 1882. 



SCHOOL LAW DECISIONS. HQ 

J. D. Handersheldt v. District Townsliip of Des Moines. 

J. D. Handersheldt v. District Township of Des Moines. 
Appeal from Jeff&rson County. 

1. Discretion: Abuse, of. Is not established by evidence showing that a 

different action on the part of the board would have been preferred by 
electors. 

2. District: Validity of Organization. The county superintendent has no 

jurisdiction to determine the validity of district organization. 

A petition was presented to the board of the above-named district 
township, asking that certain territory in Des Moines township be 
set aside to form, in connection with territory to be obtained from 
the independent district of Liberty, number eight, a new subdistrict 
to be known as subdistrict number nine, Des Moines township, Jeffer- 
son county, Iowa. 

The board acted on this petition and made the following order: 
**In the matter of the petition of John Handersheldt and Silas Pear- 
son, asking for the formation of a new subdistrict to be known as 
number nine, in the district township of Des Moines, Jefferson county, 
Iowa. All the territory within the boundary lines therein described, 
is hereby granted, provided sufficient territory be granted by the in- 
dependent school district of Liberty, number eight, to make a suita- 
ble and convenient subdistrict as to the amount of territory and the 
number of children of school age; and provided, that in case the 
territory is not granted by said independent district of Liberty num- 
ber eight, then said territory hereby granted shall remain and be a 
part of subdistrict number five, of the district township of Des Moines, 
Jefferson county, Iowa " 

On the 28th day of April, 1882, the board of the district township 
of Des Moines, at a special meetings adopted the following resolu- 
tion: 

"It is hereby ordered that all action heretofore taken by the board 
of the district township of Des Moines, Jefferson county, Iowa, in 
the formation and organization of subdistrict number nine, in the 
above-named township, is hereby rescinded." 

From this action of the board, Mr. J. D. Handersheldt appealed to 



2|g SCHOOL LAW DECISIONS. 

J. D. Handersheldt v. District Township of Des Moines. 

the county superintendent, who upon hearing the case on appeal ren- 
dered the following decision: "A resolution passed rescinding an 
action which has not as yet taken effect, is legal, but so far as it con- 
cerns formation and organization which is already completed, it is 
illegal." 

From the action or decision of the county superintendent, J. D^ 
Handersheldt appeals to the superintendent of public instruction. 

It appears from the transcript of the county superintendent that 
the witnesses were not sworn, as required by law. See note (d) un- 
der section 1834, School Laws 1880. 

According to the uniform holding of this department, a failure to 
take evidence under oath is fatal to the case, even though from its 
nature it came properly before the county superintendent on appeal. 

A brief examination will be sufficient, we think, to show that this 
action should have been dismissed by the county superintendent for 
want of jurisdiction. "No appeal will lie when the validity of dis- 
trict organization is involved." See case of iV. T. Bowen v. District 
Townshij) of Lafayette, page 124, School Laws 1876." 

This appeal was taken from the action of the board to the superin- 
tendent, for the purpose of determining whether or not the board 
erred in rescinding their former action creating subdistrict number 
nine. There was very little evidence bearing on this, the sole issue 
in the case. Witnesses simply stated that they were or were not in 
favor of subdistrict number nine. 

Such testimony can have no bearing in an action to establish error 
on the part of the board. Appellants set forth in their affidavit that 
the county superintendent erred, in that he refused to admit testi- 
money to show that there never had been any legal organization of 
subdistrict number nine. We think such evidence was properly ex- 
cluded, and yet it is necessary, to enable any tribunal to arrive at a 
decision of the case; for if the district was organized according to 
law, then the board committed error in making an order which oper- 
ated to discontinue it, and hence to change the boundaries of subdis- 
tricts at a time of year in which, according to our holding, it cannot 
be done. 

Upon this presumption, viz.: that the district was legally organ- 
ized, they committed error by making a change of subdistrict bound- 



SCHOOL LAW DECISIONS. 



117 



George Hansel et al. v. District Townsliip of Mallory. 



aries without a majority of the whole board. Section 1738, note (b), 
School Laws 1880. 

It must therefore be determined whether the conditions upon which 
the board of Des Moines township granted the territory, were ful- 
filled, or, in other words, it must be known whether or not the inde- 
pendent district number eight, of Liberty, concurred in the transfer 
of the territory. 

But neither the county superintendent nor this department is com- 
petent to determine the legality of a district organization, and it is 
therefore impossible to decide whether or not the board committed 
error. 

The remedy is an application to a court of law for mandamus to 
compel the board to recognize the director of subdistrict number 
nine, as a school oflScer and member of the board of the district 
township of Des Moines, Jefferson county, Iowa. 

Were the issues involved within our jurisdiction, we would not 
hesitate to consider them, but as no questions of such nature are con- 
nected with the case it is 

Dismissed. 
J. W. AKERS, 
Superintendent of Public Instruction. 



November 2, 1882. 



Gborge Hansel et al. v. District Township of Mallory. 
Appeal from Clayton County. 

1. Taxes. Must be certified in accordance with vote of the electors. 

2. School-house Site: Location of. A vote of the electors to select the 
precise location of a school-house is not mandatory on the board. 

3. . Must be selected with reference to convenience of the people. 

By this action it is sought to set aside an order of the board of the 
above named district township locating a school-house in subdistrict 
No. 5. 

At their regular meeting on the first Monday of March, 1881, the 



113 SCHOOL LAW DECISIONS. 

George Hansel et al. v. District Township of Mallory. 

electors of the above named subdistrict voted a tax of $600 for the 
purpose of building a school-house. 

On the second Monday of March, 1881, the electors of said district 

township voted a tax of $1,200, to be apportioned as follows: 

To subdistrict No. 2, $400. 

To subdistrict No. 3, $400. 

To subdistrict No. 5, $400. 

On the 26th day of March, 1881, the board held a special meeting 
for the purpose of apportioning the tax as voted by the electors. 

On motion, as amended by J. Cree, the tax of $400, as voted by the 
electors for the benefit of subdistrict No- 3, was stricken out. On 
motion of R. B. Flenniken the tax of $75 voted by the electors for 
subdistrict No. 8, was also striken out, leaving a total tax of $900. 

The secretary of the board then certified this amount to the board 
of supervisors, as the tax voted by the electors and apportioned by 
the board as follows: 

Subdistrict No. 2, $300. 
Subdistrict No. 5, $300; and. 
District township at large, $300. 

On the 15th of July the board held a called meeting for the purpose 
of locating the school-house in subdistrict No. 5. 

At this meeting an order was made locating the house about one 
mile from the town of Osterdock, on the northeast corner of NE^ of 
SE-1- of Sec. 2, T. 91, K 3. 

From this action of the board George Hansel et al. appealed to the 
county superintendent, who affirmed the action of the board. 

E. A. Bush and S. W. Shaffer appeal to the superintendent of pub- 
lic instruction. 

We have stated the case at some length for the purpose of calling 
attention to a flagrant violation of law on the part of the district 
township board in certifying to the township trustees a tax wholly 
different from the levy voted by the electors. 

The tax as certified by the secretary was $900, to be apportioned 
as stated above, whereas $1,200 was voted by the electors, $400 of 
which was for the purpose of building the school-house in subdistrict 
No. 5. The board is bound to certify the tax, and to employ the 
funds raised in strict accordance with the vote of the electors. 



SCHOOL LAW DECISIONS. 219 

George Hansel et al. v. District Township of Mallory. 

Where tlie law is so plain it is difficult to understand how such an 
abuse of power could have been allowed to pass unchallenged. 

Counsel for appellant assigus error on the part of the board, in 
that they violated law in selecting a site different from that chosen 
by the electors, and in support of this position refers to the case of 
Kennon et al. v. Independent District of Nodaway No. 4, School Law 
Decisions, 1888, page 100. 

It is there stated that "If the site had been fixed by them (the 
electors) at the time of and in connection with the voting of the 
bonds, the loard would have been compelled to follow those instruc- 
tions." 

In this ofinion we cannot concur, and we think it does not follow 
from the caie of Hubbard v. District Township of Lime Creek^ School 
Law Decisions, page 78, on which it appears to rest. It was there 
held that mmey voted to build a house in one subdistrict could not 
be used to hiild a house in another subdistrict, but that any attempt 
on the part )f the electors to locate, precisely, a school-house site was 
void and of no binding force. 

The powe' to locate sites is vested by law in the board of directors 
— Sec. l724,School Laws, 1880 — and the county superintendent very 
properly refised to sustain a charge of error on this ground. 

But while the board may not be restricted by the electors, the law 
requires tha they so locate sites as to serve the convenience of the 
people, and f they refuse to do so their action may be set aside on 
the ground ;bat a manifest injustice has been done. 

We canmt avoid the conviction that in the present case an injus- 
tice, sufficimt to warrant a reversal, has been done the people of Os- 
terdock ant vicinity. In order to Ynake this clear it will be necessary 
to consideithe case at some length. 

The couity superintendent relies upon the principle, so frequently, 
stated by his department, that one strong school is more to be de- 
sired thartwo schools not largely attended; and since it is shown in 
evidence chat it is the intention of the board to discontinue the 
school atthe old site, and unite the two schools at the site as pro- 
posed, tbir action should be affirmed. 

As a nle this is correct, but in the case of a subdistrict, composed 
of very broken country, there may and ought to be exceptions. 



120 



SCHOOL LAW DECISIONS. 



Appleton Park y. Independent District of Pleasant Grove. 



The town of Osterdock is situated in the valley of the Turkey 
river, on the extreme north line of the district. The blifff passing 
up to the elevated country adjacent is steep and diflficultof ascent 
when muddy and slippery, or when covered with snow and ice. The 
district is of considerable length, and if the convenience oJ the peo- 
ple is consulted it would seem that two schools should be provided- 
It also appears in evidence that many children residing put of the 
town of Osterdock will be compelled to pass through th| town on 
their way to the school-house, as located by the board. | 

It is with extreme reluctance that we set aside the acllon of the 
board and the county superintendent, but believing that i manifest 
injustice has been done the people of Osterdock and vicinW, we are 
compelled to hold that the board should have selected i site at or 
near Osterdock, and the decision of the county superintendent is 
therefore I 

RlVSESED. 



J. W. AKERS, 

Superintendent of Public In^ruction. 



November 22, 1882. 



Appleton Park v. Independent District of Pleasan Geove. 
Appeal from D es Moines County. \ 

1. Eecord: Impeachment of: Parol evidence cannot be admited in im- 
peachment of a record if made and certified to by the prope^oflficers as 
required by law. 

2, . Not so made and certified to is defective and may be inpeached 

by collateral evidence. i 

3. Charges. Must be clearly sustained by evidence. 

4. Teacher. The law provides that a teacher shall have a fair an impar- 
tial trial, with sufficient notice to enable him to rebut the chartes of his 
accusers. \ 

Appleton Park, a school teacher of Des Moines county, ws duly 
engaged and contracted with to teach the school in the indepndent 
district of Pleasant Grove. 



SCHOOL LAW DECISIONS. 



121 



Appleton Park v. Independent District of Pleasant Grove. 



He began teaching on the 4th day of September, 1882; after some 
ten or eleven days had expired, during which time he had taught the 
school, he was waited upon by the entire board of said district, called 
to the door and informed that certain rumors were being circulated, 
to the effect that he had been guilty of using obscene and vulgar lan- 
guage in the presence of his pupils, and during regular school hours. 
The board called at the school-house again about the hour for closing 
the school in the afternoon, and, the school having been dismissed, 
they proceeded to examine three of the boys as to the truth of the 
charges above referred to. 

The result of this action was that the teacher left the school and 
board employed another teacher. 

Mr. Park appealed to the county superintendent, who reversed the 
action of the board, whereupon D. L. Portlock, president of the 
board, appeals to the superintendent of public instruction. 

The principal difficulty presented in this case seems to be to de- 
termine just what that action, or order of the board, was from which 
appeal was taken. 

The transcript filed by the secretary of the board, is as follows: 

"Complaint being made by some of the scholars to the school 
board, in regard to the teacher, Appleton Park, using indecent, rough 
and insulting language during school time, the board met at the 
school-house to make an investigation. The board stated the above 
charges, to the teacher, Appleton Park, who, after reflecting upon the 
matter, proposed his resignation to the board. 

The board, after due consideration, accepted the same. The ques- 
tion being settled in the above way, and no other business before the 
board, the board then adjourned." 

D, L. Portlock, President. 
F. M. Stuckee, 
H. Fleenor, 

F. A. Feideman, Secretary. 

The parol evidence of Appleton Park was admitted to offset and 
impeach the record. 

This was clearly in violation of well established law, if the record 
was really what it purported to be, a true and authenticated copy of 
the proceedings of the meeting of the board referred to. 

16 



122 SCHOOL LAW DECISIONS. 

Appleton Park v. Independent District of Pleasant Grove. 

Starkie on evidence, says: "Where written instruments are ap- 
pointed, either by the immediate authority of law, or by the compact 
of the parties, to be the permanent repositories and testimony of 
truth, it is a matter both of principle and of policy, to exclude any 
inferior evidence from being used, either as a substitute for such in- 
struments, or to contradict or alter them; of principle, because such 
instruments are in their own nature and origin entitled to a much 
higher degree of credit than that which appertains to parol evidence; 
of policy, because it would be attended with great mischief and in- 
convenience if those instruments upon which men's rights depend 
were liable to be impeached and controverted by loose collateral evi- 
dence." Starkie, part IV, p. 995, Vol. Ill, 3d Amer, Ed. 

The fact that the transcript referred to is not certified to by the 
secretary, and the further fact that he was not present at the board 
meeting in question, and wrote the minutes as dictated from memory 
by the president of the board, three days after the meeting, fully 
justified the superintendent in ruling it out and in admitting parol 
evidence. 

We come now to consider whether the trial before the board was 
such a proceeding as is required by section 1734. 

The board called in the morning and informed the teacher of the 
charges preferred to them, against him; whereupon he offered to 
resign. They instructed him to proceed with his school and stated 
that they would return in the evening. During the day the board 
worked up their case against the teacher, while he was so employed 
as to prevent him from giving thought or attention to the charges, or 
to the preparation of any adequate defense. 

We must sustain the superintendent in finding that the trial and 
opportunity to defend was not what the law intends every teacher 
shall have. Every teacher is entitled to the sympathy and support of 
the school board, and where there is any reasonable doubt as to the 
truth of stories circulated by school children, the teacher should have 
the benefit of such doubt. 

We believe that had the board been in sympathy with their teacher 
in this instance, they would have decided that the charges were not 
sustained by the evidence, at least by any evidence which appears of 
record. 



SCHOOL LAW DECISIONS. 



123 



H. D. Fisher v. District Township of Tipton. 



That the teacher offered to resign in the evening does not appear 
from the evidence offered in behalf of the board, while it does ap 
pear that at least one member of the board told him " he had better 
quit." 

We are compelled to hold that the teacher was dismissed, and that 
in doing so for no sufficient reason the board erred, and the decision 
of the county superintendent is therefore 

Affibmed. 
J. W. AKERS, 
Superintendent of Public Instruction. 
February 16, 1883. 



H. D. FisHEE V. District Township of Tipton. 
Appeal from Hardin County. 

1. SCHOOL-HOTJSE SiTE. When purchased by board not subject to the 
provisions of section 1825. 

2. Location. May be within less than forty rods, when obtained by pur- 
chase. 

On the 28th day of March, 1884, the board of the above named 
district township ordered the purchase of an acre of ground for a 
school-house site on the corner of section 15, township 87 north, 
range 21 west. 

H. D. Fisher, who is the owner of land immediately adjoining said 
site, objected to the location, on the ground that the site was within 
less than forty rods of his residence. 

The board adhered to their decision in disregard of his objection, 
whereupon H. D. Fisher appealed to the county superintendent, who 
affirmed the action of the board. 

H. D. Fisher appeals to the superintendent of public instruction. 

Affiant alleges that the board violated law in purchasing a site 
within less than forty rods of his residence, against his will and with- 
out his consent. This was the only error assigned in his affidavit of 
appeal to the county superintendent, and the same is the only error 



124, SCHOOL LAW DECISIONS. 

H. D. Fisher v. District Township of Tipton. 

assigned in the affidavit of appeal to the superintendent of public in- 
struction. 

The case will therefore be confined to a consideration of the alleged 
grievance, and all argument of counsel and all evidence taken to 
establish an abuse of discretion in changing the location of the house 
need not be considered. 

On trial before the county superintendent, defendant filed a motion 
to dismiss the action for want of jurisdiction. This motion to dis- 
miss was over-ruled, and defendant excepted. 

The motion to dismiss was filed on the ground that there had been 
no order or decision of the district township board from which an 
appeal could be taken, and no action taken as shown by the transcript 
of the record, upon any matter affecting the rights of H. D. Fisher. 

The transcript of the secretary states that on the 29th of March 
the board located the new site on a piece of ground bought of Ferdi- 
nand Beckman. 

This was an action from which any person aggrieved might appeal. 
The appeal was based on a charge that the board had violated law, 
and it was proper for the county superintendent to hear the case in 
order to determine whether the law had been violated or not. 

Counsel urges that the case should have been dismissed because 
affiant made no objection to the location until after the purchase of 
the land and until after he was estopped for so objecting. But even 
through the neglect to object in season would bar affiant from subse- 
quent interference, it was the duty of the county superintendent to 
proceed with the trial in order to determined by evidence when and 
how objection was made. 

We think that the county superintendent had jurisdiction, and that 
the motion to dismiss was properly over-ruled. 

In the eighth count of defendant's argument it is urged that the 
county superintendent had not original jurisdiction to try or to adju- 
dicate a matter not acted upon by the board. 

But the removal of the school-house to its proposed location was 
determined by the board, and from that action appeal was taken, and 
not from their refusal to consider the objection of affiant. 

The ground of the defense is the delay of H. D. Fisher to make 
known his objection to the location of the school-house within forty 
rods of his dwelling. 



SCHOOL LAW DECISIONS. 125 

H. D. Fislier v. District Township of Tipton. 

The county superintendent sustains the action of the board for the 
reason that the site was purchased, affiant knowing of the intention 
of the board to purchase the ground and to locate the house, and 
making no objection until after the contract to move the house had 
been let by the board. 

Whether the decision of the county superintendent should be af- 
firmed, for the reasons assigned, need not be considered, as the case 
will be determined upon the construction of the statute prohibiting 
the location of a school-house within less ttan forty rods of a dwell- 
ing, the owner whereof objects. 

The case was tried by the county superintendent and argued by 
counsel on both sides as coming under the act authorizing boards to 
condemn, and to take and to hold school-house sites. 

We think this point worthy of a careful examination. Chapter 
124, laws of 1870, first authorized boards to take and hold land for 
school-house sites. 

Recognizing that they were conferring a dangerous power upon 
such boards, they prudently enacted certain restrictions to govern 
such boards in the exercise of that power. But it was not intended, 
we think, to so restrict boards, except when exercising the power 
therein conferred. 

This chapter was subsequently embodied in the Code, and is now 
found to be contained in sections 1825, 1826, 1827 and 1828, School 
Laws 1880. 

Section 1825 says: " It shall be lawful for any district townhip, or 
independent district, to take and hold, under the provisions con- 
tained in this chapter," etc. 

The provisions contained in this chapter, or in the following sec- 
tions, are as follows: 

That the real estate so taken shall not exceed one acre. 

The site " so taken " must be on some public highway, at least 
forty rods from any residence the owner (of the residence) whereof 
objects to its being placed nearer. 

And not in an orchard, garden or public park. 

It is perfectly clear that ground cannot be condemned in disregard 
of any one of these provisions. But the site in question was not 
condemned and taken, but it was purchased of a third party and a 



12Q SCHOOL LAW DECISIONS. 

H. D. Fisher v. District Township of Tipton. 

good and sufficient deed made over to the district township of Tipton, 

Do the provisions above quoted apply in cases where sites are pur- 
chased? If any one of them does, they all do. 

First, " the land so taken shall not exceed one acre." No one would 
hold that boards may not buy, and districts hold, more than one acre 
of land for school-house purposes, provided they are limited to a reas- 
onable amount. 

This restriction then, is of no force except in cases where sites are 
condemned. 

Again, " and not in any orchard, garden or public park." 

Does it follow, therefore, that boards cannot purchase an orchard, 
garden, or park, for a school-house site if they desire it, and the 
owner is willing to sell ? 

We think not, by any means. And, "at least forty rods from any 
dwelling, the owner whereof objects," etc. 

This limitation has exactly the same force and application, and no 
other. Land within forty rods of a residence cannot be condemned 
if the owner objects; but if a third party is willing to sell a school- 
house site, and the district purchases and pays for it, it is not compe- 
tent for the owner of a dwelling to restrain the location on the ground 
that it is within forty rods of such dwelling. 

We think this interpretation of the law borne out both by its evi- 
dent meaning and its phraseology. 

We are aware that it has for many years been the holding of this 
department that a school-house site, whether obtained by purchase or 
otherwise, could not be placed nearer than forty rods to any residence 
the owner objecting, and it is with regret that we must reverse a rul- 
ing of so long standing; but from the fact that in many thickly set- 
tled communities our school-houses are being crowded into sloughs 
and out of the way places, and the further fact that it is not warranted 
by the law, we are compelled to do so. 

We must, therefore, hold that the board of the district township of 
Tipton violated no law in purchasing the site and in ordering the re 
moval of the school-house thereon. 

The decision of the county superintendent is therefore 

Affirmed. 
J. W. AKERS, 
Superintendent of Public Instruction. 

July 7, 1884. 



SCHOOL LAW DECISIONS. ^27 

Ezra Kooutz v. District Township of Liscomb. 

Ezra Koontz v. Disteict Township of Liscomb. 
Appeal from Marshall County. 

1. SuBDiSTBiCTS: Form of. It is very important that subdistricts should be 

regular in form, and that where it is possible, school-houses should be 
located at or near geographical centers. 

2. School-house Site: Lccationof. The condition of matters within the 

subdistrict should govern the location of the house. The attendance of 
parties from an ad joining subdistrict should not determine change of site. 

A petition was presented to the board of the above named district 
township, asking that certain changes be made in subdistrict bounda- 
ries, viz.: That the southwest quarter of section eighteen be detached 
from subdistrict number four, and attached to subdistrict number 
five; also, that the south half of section twenty one be detached from 
subdistrict number five, and attached to subdistrict number six. 

On the 16th day of February, 1884, the board granted the prayer of 
petitioners and ordered the plat of subdistrict boundaries to be so 
altered as to agree with the above changes. 

Ezra Koontz appealed to the county superintendent, who reversed 
the order of the board. 

P. T. Beatch, president of said board, appeals to the superintend- 
ent of public instruction. 

Subdistrict number five contains a little more than five sections of 
land, and if the order of the board is sustained it will contain a little 
more than four and one-half sections. The south half of section 
twenty-one formerly belonged to subdistrict number six, but was 
transferred to subdistrict number five in order to create better school 
facilities for the children of Ezra Koontz, who lives on the extreme 
south line of subdistrict number six, while the school-house is at the 
geographical center, and no public road leading to it. 

The electors of the district township voted $1,000 to procure a 
highway for the accommodation of Mr. Koontz; but this fund was 
subsequently transferred to the teachers' fund, and the movement to 
secure the highway was indefinitely postponed. 

Mr. Koontz is unfortunately located, but it appears from the en- 



]^28 SCHOOL LAW DECISIONS, 

• Ezra Koontz v. District Township of Liscomb. 

tire proceedings that there is a disposition to remove the obstacles in 
his way. This is shown both by the efforts to secure a highway at 
the cost of |1,000 and in the former action of the board in breaking 
up the regular form of subdistricts, in order to include him in num- 
ber five. 

We think it very important that subdistrict boundaries should be 
regular, and that where it is possible school-houses should be located 
at geographical centers. 

The action of the board in transferring the south half of section 
twenty-one, to subdistrict number six, and the southwest quarter of 
section eighteen to number five, was wise, and should have been sus- 
tained. Mr. Koontz must seek to secure proper accommodations in 
number six, and if this proves to be impossible, he must charge it to 
the account of an unfavorable location. 

It cannot reasonably be demanded that his property should be in- 
cluded in number five, and the school-house in that district be moved 
away from the center and taken to the south line of the district, and 
away from families living in the north of number fi^e, in order to ac- 
commodate others not living in the subdistrict, especially when it is 
considerecl that those living in the north will be compelled to send 
out of their own subdistrict, in such case. 

We are compelled to hold that the action of the board should have 
been sustained, and the decision of the county superintendent is 
therefore 

Reversed. 
J. W. AKERS, 
Superintendent of Public Instruction. 

July 21, 1884. 



SCHOOL LAW DECISIONS. ^29 

J. L. Marshall et al. v. District Township of Marshall. 

J. L, Marshall ei al. v. District Township of Marshall. 

Appeal from Louisa County. 

SUBDiSTRiCT. The board may not redistrict so as to abolish a subdistrict, 
with intent to prevent the building of a house provided for by the elec- 
tors. 

Taxes: Scfwol- House. Must be certified, collected and expended, in 
accordance with vote of the electors. 

On the 22d day of February, 1886, the board of the above named 
district township abandoned subdistrict number four, of said district 
township, and transferred its territory in parcels to adjoining sub- 
districts. 

J. L. Marshall et al. appealed to the county superintendent, who re- 
versed the order of the board. 

N. W. Mackay, pi'esident of the board of directors, appeals to the 
superintendent of public instruction. 

It is unnecessary to consider the real merits of this case. The 
board must be reversed upon the ground that at the meeting of the 
electors of subdistrict number four, held in March, 1885, a tax of 
$300 was voted to build a school-house in said subdistrict number 
four. 

It appears in evidence that this tax was voted, properly certified 
by the district board and levied by the board of supervisors, and that 
a portion, at least, has been collected. 

It is not competent for the board to defeat a vote of this kind by 
districting the subdistrict out of existence. The money must be eX' 
pended in accordance with the vote, and the house must be built. 
Whether or not any of the tax has been collected is not material. It 
must be collected and expended by the board as directed by the peo- 
ple. 

The case of Benjamin v. District Township of Malaha et al., 50 
Iowa, page 648, is applicable here. The only point of difference 
being that in the case cited, the tax had been collected before action 
was had by the board. 

In this case a part only of the tax has been collected, but as stated 
17 



2^30 SCHOOL LAW DECISIONS. 

J. B. B. Baker V. Independent District of Waukon. 

above this is not material. The equities of this case may be with the 
board, but the action of the electors, in voting to build a house in 
subdistrict number four, and in providing the means, will bar the 
board, and any act calculated to avoid their mandatory duty, is a vi- 
olation of law. 

Affirmed. 
J. W. AEERS, 
Superintendent of Public Instruction. 
September 16, 1886. 



J. B. B. Baker v. Independent District of Waukon. 

Appeal from Allamakee County. 

EuLES AND Regulations. In establishing and enforcing regulations 
for the government of scholars, the board have a large discretion. 

On the 7th day of June, 1886, Maud Baker, the daughter of the 
plaintiff in the above entitled case, was suspended from the public 
school in the above named independent district, for repeated viola- 
tion of a rule of the board, known as rule five, which reads as follows: 
"Any scholar who shall be absent five half days in four consecutive 
weeks, without any excuse from parent or guardian satisfactory to 
the teacher that the absence was caused by said pupil's sickness, or 
by sickness in the family, or, in the primary grades, by severity of 
the weather, shall forthwith be suspended. No pupil so suspended 
shall be reinstated without a permit from the principal." 

Rule twelve provides that the principal of the school may suspend 
pupils temporarily, and that he shall immediately notify the parent 
or guardian of a suspended child of such suspension, the notice to be 
in writing, and, furthermore, that he shall immediately inform the 
board of his action. 

Maud Baker was absent, without excuse, and when called to account 
for her absence, stated that she had gone on a fishing excursion, and 
expected to go the week following. 

Having failed to render a satisfactory excuse, she was suspended, 
as above stated. Notice in writing was sent to the parent, as re 



SCHOOL LAW DECISIONS. 



131 



J. B. B. Baker v. Independent District of Waukon. 



quired by rule five, and the board informed of the suspension. The 
board approved the action of the principal. 

J. B. B. Baker appealed to the county superintendent, who reversed 
the action of the board. 

D. W. Reed appeals to the superintendent of public instruction. 

The facts in the case are not controverted. 

It appears in evidence that the suspension of Maud Baker was re- 
ported to the board, and that a special meeting of the board was held 
for the consideration of the act of the principal. Maud Baker was 
present at this meeting of the board, and the president testifies that 
he read to her the rule under which she had been suspended, and 
asked her to give the board some promise of amendment in the future, 
as a condition of reinstatement, and she replied that she would not 
make any promise for the future, and expected to go fishing the fol- 
lowing week. 

The county superintendent finds that the suspension was made in 
compliance with the rules of the board for the government and regu- 
lation of their schools, and that the act of the principal in suspending, 
and of the board in approving his action, was without prejudice or 
malice. 

The board was reversed on the ground that the law does not confer 
upon the principal, or the board, power to suspend for the cause for 
which Maud Baker was suspended. 

The case turns, therefore, upon the power of the board to establish 
and enforce a rule providing for the suspension of pupils, who are 
absent a given number of days, or half-days, without a satisfactory 
excuse. 

This point has been fully discussed and settled by our supreme 
court in the case of Burdick v. Sabcock, 31 Iowa, page 562, and need 
not be considered here. Mttrphy v. Independent District of Marengo 
has been cited, but does not apply, as in that case it is stated that the 
offense for which the pupil was dismissed was not in violation of any 
rule or regulation. 

We are compelled to overrule the decision of the county superin- 
tendent, and to sustain the action of the board. 

Rkvbkskd. 
J. W. AKERS, 

Superintendent of Public Instruction. 
October 23, 1886. 



132 



SCHOOL LAW DECISIONS. 



E. G. Lewis v. District Townsliip of Woolstocli. 



E. G. Lbwis v. Distkict Township ©p Woolstock. 

Appeal from Wright County. 

School- HOUSE Site : Location of. A village in a subdistrict has special 
claims favoring the selection of a site within its limits. The element of 
distance to be traveled by some is largely overcome by the advantages 
of a location in the town. 

The board of the above named district township were petitioned to 
remove the school-house in subdistrict number three to a site at, or 
near, the village of Woolstock, which is situated on the western half 
of the said subdistrict. 

The petition was denied. E. G. Lewis, et al., appealed to the 
county superintendent. 

The decision of the board was reversed. B. Watkins appeals to 
the superintendent of public instruction. 

The school-house in subdistrict number three is now centrally 
located, and nearly one mile from the village by traveled highway. 

There are about fifty-three children of school age in the district, 
and it appears from the evidence that forty-five of these live within 
one-half mile of the proposed new site. The removal of the house 
may increase the distance now traveled by the children of a few fam- 
ilies, but it appears that in such cases accommodations may be had 
within about one and one-half mile at other schools. 

If the nature of the case- is such as to require some changes in 
boundary lines, we think such changes should be made, and the 
school-house located in the village, and for the following reasons: 

The children from the rural portions of the district can travel ro 
and from the village much more conveniently than those from the 
village can attend in the country. The course of trade brings the 
parent to the market in the morning, and the movement of convey- 
ances will therefore afford many conveniences toward reaching the 
school from the country, and of returning in the evening. 

Bat, on the other hand, there is no regularity of travel to the 
country in the forenoon, so that when walking is bad, or impossible, 
conveyances would be required for the sole purpose of taking chil- 



SCHOOL LAW DECISIONS. 



133 



J. A. Cousins v. Independent District Township of Spirit Lalie. 

dren to the school. Besides, the great majority of those who live in 
the village have no means of carrying their children a distance to 
school, while the farmer is seldom, if ever, without them. 

There is a reason why the school should be convenient for children 
in the village, which does not exist as to children of the country. 
The village has many evil resorts, where children are led into vice, 
which are not incident to the country. All children should be kept 
regularly in school, but the reasons for this, as applied to village and 
town children, are much stronger than as applied to those of the 
oountry. 

The village must be supplied with a school, and in the case before 
us, if the house is not located at the village, the result in the near 
future will be two schools for this subdistrict. 

We are compelled to hold that the board erred in refusing to grant 
the petition. 

The decision of the county superintendent is 

Affirmed. 
J. W. AKERS, 
Superintendent of Public Instruction. 

September 14, 1887. 



J. A. Cousins v. Independent District Township of Spirit Lake. 

Appeal from Dickinson County. 

School-house: Bemoval of. The removal of an old house away from the 
geographical center and away from the center of population, without 
special and strong reasons therefor, is an abuse of the discretionary 
power of the board . 

On the 6th day of April, 1887, the board of the above named dis- 
trict passed an order to move the school house, known as the Swailes 
school-house, to a point one-half mile west of its present location. 

From this order J. A. Cousins appealed to the county superintend- 
ent. The action of the board was sustained. 

J. A. Cousins appeals. 



134 SCHOOL LAW DECISIONS. 

J. A. Cousins v. Independent District Township of Spirit Lake. 

The district borders on Spirit and adjacent smaller lakee, and is 
very irregular in its boundaries. 

There are about fifty children of school age living in the district, 
most of whom are favorably or adversely affected by the change. 
But, considering both locations, there is no material change in the 
distance traveled by all. 

The present site is at the junction of an east and west road, 
known as the Diamond Lake road, with a north and south road known 
as the Emmet County road. The school-house is old and has recently 
been repaired at a cost of $60. 

As now located there are seven children two miles from the school- 
house. Twelve children will be two miles from the new site. We 
are unable to find in this case any good and substantial reason for 
this change of location. 

The present site is central and nearer the center of population, so 
far as we can determine from the map submitted as a part of the 
transcript. It is at a cross-roads which is very desirable. The lease 
to the present site expires in about five years. By that time the old 
house will in all probability be worthless and a new one will be needed 
to take its place. 

The electors at their last March meeting voted to build a new house 
on section nineteen, the site of which is one-half mile west and one 
and three-fourth miles north of the present site. 

We cannot avoid the conviction that in moving an old house one- 
half mile at an expense of ninety dollars, away from the geographi- 
cal center, and away from the center of population, without special 
and strong reasons therefor, is an abuse of discretionary power. 

The decision of the county superintendent is 

Rbvbrsed. 
J. W. AKERS, 
Superintendent of Public Instruction. 

September 19, 1887. 



SCHOOL LAW DECISIONS. 1^^ 



D. A. Boyer et al. v. Independent District Number Two, Dutch Township, 



D. A. BoYEE et al. v. Independent District Number Two, 
Dutch Township. 

Appeal from Washington County. 

1. Board: Discretionary power of. In the absence of proof that the 
board have abused the authority given them by the law, their orders 
will not be set aside, although another decision might to many seem 
preferable. 

2. School-house Site: Location of. When purchased, the provisions 
of section 1825 do not apply. The district stands in the same relation 
to the public and to individuals, in this respect, as do other corporations, 
and may purchase and convey real estate accordingly. 

On the 23d day of July, 1887, the board of the above named dis- 
trict made an order that the school-house site of said independent 
district should be changed from its present site, which is near the 
southwest corner of the northwest quarter of the northwest quarter 
of section ten, to the southeast corner of section four, and about 
ninety rods due north. It was also ordered that a new school-house 
should be built on the new site. 

From this order of the board, David A. Boyer and others appealed 
to the county superintendent. 

The order of the board was reversed, on condition that appellants 
should secure the opening of a public road from the present site of 
the school-house to the public road running east and west through 
the southern portion of the district, and along the south line of sec- 
tions nine and ten. 

William Stevenson and S. D. Carris appeal. 

The independent district in question is composed of sections thirty- 
three, thirty-four, three, four, and the north half of sections fifteen 
and sixteen. Public roads enter east and west along the north line 
of sections three and four, and along the south line of the same sec- 
tions. On this latter highway the new site is located. From the new 
site a road extends due south to the old site. This is the road, the 
extension of which is made a condition in the decision of the county 
superintendent. 



2^36 SCHOOL LAW DECISIONS. 



D. A. Boyer et al. v. Independent District Number Two, Dutch Township. 



The population of the district is mostly along the last named east 
and west highway, and in sections nine and ten lying immediately 
south of said highway. At the annual meeting, or election of the in- 
dependent district in question, held March, 1887, a motion was made 
to vote a tax of $600 for the purpose of building a school house on 
the old site. This motion was lost. 

A motion was then made and carried that a tax be levied to build a 
school-house, no site being specified. This was followed by a motion 
to build the house on the present site, which motion was lost. 

At a special meeting held June 18, 1887, a motion was made and 
carried to procure a new site, and at another special meeting held 
July 23, 1887, the site of the new house was finally located on the 
southeast corner of section four. 

It appears that the electors were very much divided in opinion as 
to the location of the new house, and the majority attending the March 
election were opposed to locating it upon the old site. 

If the house was to be moved to the north, the site selected by the 
board is as near, or practically so, as the board could have selected. 
There is a slough just north of the present site, and if moved at all 
the house must be placed to the north of this, which would compel 
I he selection of a site within a few rods of the new site. 

The present site is practically central both as to geographical cen- 
ter and center of population, and it would seem that the presumption 
was in favor of the present site, while the one selected by the board 
is not objectionable on account of its location, unless the fact that 
it it is not exactly central constitutes an objection. 

Boards are given large discretion in such matters, and it has been a 
rule of long standing in this department not to over rule the order of 
boards, except in cases where an abuse of discretion is clearly estab- 
lished. While the old site may be equally good and even better, we 
cannot set their order aside, in the absence of evidence going to show 
that they have abused the authority which the law gives them. 

The county superintendent held that the board had violated the 
provision of Section 1826, School Laws 1884, in locating the new site 
nearer than forty rods to a dwelling, the owner whereof objects. The 
board in this case, located the site within eighteen rods of a residence 
and it is conceded that said owner refuses her consent to such loca- 
tion. 



SCHOOL LAW DECISIONS. 237 

D. A. Boyer et al. v. Independent District Number Two, Dutch Townsliip, 

Section 1826 provides that a site taken, as provided in section 
1825 must be at least forty rods from any residence, the owner 
whereof objects to its being placed nearer. 

Section 1825 provides: "It shall be lawful for any district town- 
ship, or independent district to take and hold, under the provisions of 
this chapter, so much real estate as may be necessary for the location 
and construction of a school-house and convenient use of the school; 
provided, that the real estate so taken, otherwise than by the consent 
of the owner or owners, shall not exceed one acre." 

In the case of H. D. Fisher v. District Township of Tipton, School 
Law Decisions 1884, p. 163, it was held that the provisions of the act 
authorizing boards of directors to "take and hold" land for a school- 
house site, do not apply when the land has been obtained by pur- 
chase. 

Counsel for the appellee argues that the language of the statute, 
viz.: the words "take and hold," includes acquiring title by purchase 
as well as by condemnation, and that section 1825 is the only provis- 
ion of law we have authorizing school districts to purchase and own 
school-house sites; and that the restriction that a school-house shall 
not be placed nearer than forty rods to a dwelling, the owner object- 
ing, applies no matter how the site is obtained. 

We cannot concur in this opinion. A school district is a corporate 
body — 4 G. Greene, 428 — the nature and powers of which are well 
and clearly defined in the statute which created it. 

If land, sufficient for a sshool-house site, is necessary to enable a 
district to establish and maintain schools it needs no argument to es- 
tablish their authority to purchase such land. 44 Iowa, 564; 69 Iowa, 
533. That it was the intention of the law* makers to confer this power 
upon school districts is evident from the fact that in section lYlV the 
electors were given the power to vote a tax for the purchase of 
grounds, etc. And this law was enacted many years before the law 
empowering boards of directors to "take and hold" school-house 
sites. 

Counsel for appellee will hardly insist that previous to the enact- 
ment of the condemnation law, all school-house sites were acquired 
and owned without authority of law. 

There appears to be two ways by which school districts may ac- 
quire title to land for school-house sites: 
18 



138 SCHOOL LAW DECISIONS. 

D. A. Boyer et al. v. Independent District Number Two, Dutch Township. 

The statute gives to every school district, as a general and cor- 
porate power, the right to buy land for school purposes, and when 
land has been so purchased, the title or the fee is in the corporate 
name of the district, and even though it ceases to be used for school 
purposes, it remains the property of the school district until sold by 
the board of directors, in obedience to the instructions of the electors. 
They may sell to any one, and for any purpose whatever. 

By condemnation by the board of directors, under section 1825 of 
the Code. 

The title to land acquired under this law is for school purposes 
only. It eannot be sold at all. When the district ceases to use it for 
school purposes, it reverts by operation of law to the owner of the 
fee, etc. Section 1828, Code. 

It appears that the fee to land obtained by condemnation is not in 
the school district, but simply the right to hold it for school pur- 
poses, while the fee remains in the original owner, and may be con- 
veyed subject to the title of the district. 

Sites obtained by purchase never revert, and the district so pur- 
chasing owns the fee and may transfer it, as has been said, to any 
person and for any purpose. 

It is clear to us that the four restrictions or limitations, viz.: 

That the real estate "so taken" shall not exceed one acre. 

That the site must be on a public highway, 

That the site must be forty rods from the residence, etc.. 

That the site must not be in any orchard, garden or public park, 

Apply only to sites obtained by condemnation, under sections 1825- 
1828; inclusive, and that they do not apply to sites obtained by pur- 
chase. 

The reasons for this position are fully set forth in Fisher v. Dis- 
trict Township of Tipton^ to which reference is had. 

We are unable to discover any violation of law, or abuse of discre- 
tion, which would warrant us in setting aside the order of the board. 

Reveksbd. 
J. W. AKERS, 
Superintendent of Public Instruction. 

November 18, 1887. 



SCHOOL LAW DECISIONS. JgQ 

Jacob Deck et al. v. District Townslilp of Eden. 

Jacob Dbck et al. v. District Township op Edbn. 

Appeal From Decatur County. 

1. SuBDiSTRiCT Boundaries. Change of. A case involving a change 
of subdistrict boundaries, having been adjudicated by the county su- 
perintendent, reversing the action of the board, and being aflarmed by 
the superintendent of public instruction, cannot again be brought upon 
appeal, unless it can be shown that some change materially affecting 
the conditions of the case has taken place since the date of the former 
decision. 

2. A subdistrict long established, embracing a 

territory having a suflBcient number of scholars to maintain a good 
school, should not be abolished, unless the general school facilities of 
the township will be improved thereby. 

On the 19th day of September, 1887, the board of directors of the 
district township of Eden, voted to abolish subdistrict number eight. 
Jacob Deck and others appealed to the county superintendent, who, 
on the 5th day of December, rendered a decision reversing the action 
of the township board. 

The directors of said district township appeal to the superintend- 
ent of public instruction. 

The counsel for the directors urged in their written argument that 
the county superintendent should be required to send up to this de' 
partment all the evidence taken in the trial before her. 

It was certainly the duty of the county superintendent to send up 
all the evidence upon which she based her decision. In the absence 
of any proof to the contrary, the presumption is that the transcript 
furnished by her contains all the testimony on file in her oflSce. 
There is no proof offered that she has not complied with the law in 
all respects. 

On the 26th day of December, 1885, the county superintendent ren- 
dered a decision reversing the action of the board, in abolishing sub- 
district number eight. As no material changes have taken place 
since then, in the condition of the township, does that former decis- 
ion act as a bar to any further proceedings in this case ? We think 
not. 

The principle enunciated here is undoubtedly correct. 



2^40 SCHOOL LAW DECISIONS. 

Jacob Deck et al. v. District Townsliip of Eden. 

A case involving; a change of subdistrict boundaries, having been 
adjudicated by the county superintendent, reversing the action of the 
board, and being affirmed by the superintendent of public instruc- 
tion, cannot again be brought upon appeal, unless it can be shown 
that some change materially affecting the conditions of the case has 
taken place since the date of the former decision. 

In this case, however, the decision of the county superintendent 
cannot act as a bar to further proceedings, because the district board 
did not take an appeal to the superintendent of public instruction. 

Such proceedings cannot be considered as final until they have 
been affirmed by the superintendent of public instruction. 

It is urged that the county superintendent erred in taking into 
consideration the distance whith many of the pupils must travel in 
order to reach their school, if the action of the township board abol- 
ishing subdistrict number eight, is affirmed. 

The law does not contemplate that one and one-half miles is in all 
cases an unreasonable distance. It depends largely upon the age of 
the pupil and upon the condition of the roads. In the case before us 
a natural obstacle, the Little Turkey river, must be taken into con- 
sideration. 

The opening of additional roads and the construction of a bridge 
would simplify matters somewhat, but no steps have been taken to 
accomplish this. Until this is done, to abolish the school in number 
eight would impose an undue hardship upon a large number of pu- 
pils. 

What are the conditions of the school as at present constituted ? 

The report of the secretary of the district township of Eden, put 
in evidence, shows that the school in number eight will average with 
other subdistricts in the number of pupils enrolled; it is above the 
average in daily attendance, and below the average in cost of tuition. 

The board fail to show that reduced numbers render it expedient 
to abolish this subdistrict; nor do they show that the township is ex- 
cessively taxed to support their schools. 

This department has already ruled that subdistrict lines, which 
have been long established, embracing a territory having a sufficient 
number of pupils to maintain a good school, should not be disturbed* 
unless it can be proved that the general school facilities of the town, 
ship will be improved by the change. 



SCHOOL LAW DECISIONS. 241 

J. S. Folsom et al. v. District Township of Center. 

The board do not show that there is any general benefit to be ex- 
pected from the proposed change of boundaries, nor do they prove 
that any existing necessity makes it desirable. 

The board undoubtedly intended to act fairly toward all; but we 
think they failed to properly consider all the circumstances involved 
in their action. 

The decision of the county superintendent is therefore 

Affiemed. 
HENRY SABIN, 
Superintendent of Public Instruction. 
March 16, 1888. 



J. S. Folsom et al. v. District Township of Centbe. 
Appeal from Cedar County. 

1. Eehearing. To warrant a rehearing, some valid reason must be urged. 

2. School-house Site: Eelocation of. When it is the evident intention of 

the board to relocate the site as near as possible in the center ot the 
subdistrict, in order to furnish equal school facilities to all the residents, 
their action should not be materially interfered with. 

The transcript in this case shows that on the 21st day of March, 
1887, at a meeting of the board, a committee was appointed to inves- 
tigate the needs of subdistrict number two, and report at the meeting 
in September. It further shows that on the 19th day of September, 
1887, such committee reported, recommending that the new house be 
built for said subdistrict, to be located at the center of the district. 
The report was received and the committee discharged. The report 
was also upon motion laid upon the table. 

On the 19th of March, 1888, at a meeting of the directors the above 
report was finally adopted, and a building committee was appointed 
to confer with the county superintendent in regard to plans and spec- 
ifications. From this decision of the board Folsom et al. appealed to 
the county superintendent, and the case was heard at Tipton, on the 
9th day of April, 1888. The records in the county superintendent's 
office show that the appellee consented to the filing of an amendment 



142 SCHOOL LAW DECISIONS. 

J. S. Folsom et al. v. District Township of Center. 

to the affidavit by appellant, and that the appellee filed a motion to 
modify the decision of the board, and the trial then proceeded. On 
the 11th day of April the county superintendent filed a decision re- 
versing the action of the board. On the l7th day of April, 1888, a 
motion was filed for a rehearing, within the time given by the county 
superintendent. On the 19th day of April, 1888, the motion for a 
rehearing was argued before the county superintendent and overruled. 

From the decision of the county superintendent the board appealed 
to the superintendent of public instruction, and the whole case came 
up on a hearing before him on the 5th day of June, 1888. 

The first question to be decided is, did the county superintendent 
err in overruling the motion for a rehearing. A rehearing of such a 
case can be granted only when it can be shown that some injustice 
has been done, or some mistake has been made which can be cor- 
rected by a new trial; or when some additional evidence has been dis- 
covered which is in favor of the party applying, but which could not 
have been presented before by reasonable diligence. The affidavit 
upon which the motion for a rehearing was based failed to show any 
such reasons. 

All the main points alleged therein had already been ruled upon 
by the county superintendent, and we think she did not commit any 
error in overruling the motion. This also disposes of all the testi- 
mony sent up in support of the motion for a rehearing; these affida- 
vits will not be taken into account in the final decision of the case. 

It is not necessary here to determine the legal residence of 'William 
Busier. His own testimony^ is that the distance from his residence 
to the site selected by the board is one and one-fourth miles. The 
fact that Mrs. Morgan does not desire to send to school is not mate- 
rial. It is not the individual but the residence that is to be consid- 
ered. Some other person living at the same place may hereafter 
desire school privileges. 

We are now free to approach the main question upon which issue 
is joined. The testimony shows that the directors desired to relocate 
the school-house in subdistrict number two in a more central loca- 
tion; no other reason is assigned for the contemplated removal. 
There is nothing which shows that the present site is unsuitable, ex- 
cept that it does not well accommodate the pupils from the northern 



SCHOOL LA.W DECISIONS. 



143 



J. S. Folsom et al. v. District Township of Center. 



part of the district. In this determination to relocate the site near 
the center, there is no evidence of any abuse of discretion on the 
part of the directors, and we think their action should not be inter- 
fered with. 

There is, however, evidence which shows that the exact j«-rfe which 
the committee staked out, is not a desirable site for a building. 

The board themselves acknowledge this in their amended order by 
which the site is removed ten rods farther north. 

The county superintendent, in her decision, locates the site upon a 
piece of ground known as the "graveyard site." It is urged that the 
county superintendent has only appellate jurisdiction, and must, 
therefore, confine her decision to the two sites upon which the parties 
joined issue. She seems to have entertained some such idea, as she 
sustained a motion to rule out all evidence in regard to the unsuita- 
bleness of the grave-yard site when such evidence was offered on the 
original trial. 

We think she erred, and that such evidence should have been ad- 
mitted. 

In April, 1866, the Hon. O. Faville, then superintendent of public 
instruction, obtained this opinion from Hon. F. E. Bissell, then at- 
torney general, upon this point: "The case does not come before 
him (the county superintendent), merely to correct an error of the 
board of directors, but to hear and decide the same matter that the 
board had decided. The county superintendent is not limited to an 
affirmance or reversal of the action of the board, but he determines 
the same question that the board determined." See also, John Clark v. 
District Township of Wayne, page 47, School Law Decisions, 1876. 

To this opinion the decisions of this department have always con- 
formed. The county superintendent, therefore, did not go beyond 
her jurisdiction in selecting a site different from any which had been 
considered by the board. 

We cannot see, however, that the graveyard site has any advan- 
tage over the old site. It is irregular in shape, and is about as far 
north of the center of the subdistrict as the present site is south. 

In fact, its selection as a site for the new building defeats the very 
end which the directors had in view in their action locating the site 
in the center of the subdistrict. 



][44 SCHOOL LAW DECISIONS. 

J. S. Folsom et al. v. District Township of Center. 

The case is remanded to the board of directors of Center township, 
with instructions not to build upon the site selected by the commit- 
tee, but to select the best site possible within a distance not more 
than forty rods from the center of the site staked out by the com- 
mittee; the south corner of said site, however, to be at least fifteen 
rods north of the south corner of the committee's site; said site also 
to contain not less than an acre, and to be as nearly square in form as 
the circumstances will admit. 

The decision of the county superintendent is 

Reversed. 
HENRY SABIN, 
Superintendent of Public Instruction. 
June 7, 1888. 



INDEX TO APPEAL CASES. 



PAGE 

AFFIDAVIT— 

The affidavit may be amended when such action is not prejudicial 

to the rights of any party interested 39 

An affidavit is a statement in writing, signed and made upon oath 

before an authorized magistrate 41 

The lack of an affidavit is sufficient ground to refuse a hearing . . . 107 

APPEAL— 

An appeal will not lie from an order of a board initiating a change 
^ in the boundaries of the district township, where the concur- 
rence of the board of an adjoining district township is necessary 
to effect the change 24 

The right of appeal is not limited to cases of personal grievance. . 35 

Where changes are effected in district boundaries by the concur- 
rent action of two boards, appeal may be taken from the order 
of the board concurring or refusing to concur, but not from the 
order of the board taking action first 58 

Appeal may be taken from an action of the board which authorizes 
the making of a contract, but not from a subsequent action or 
order complying with the terms of a contract previously made; 
nor from an action authorizing the issuance of an order in pay- 
ment of a debt contracted by previous action of the board 65 

A case whose sole purpose Is to determine the validity of an order 
on the district treasury, or the equity of a claim, cannot be en- 
tertained on appeal to the county superintendent; the courts of 
law alone can furnish an adequate remedy 65 

Appeal will not be entertained from the action of the board in re- 
scinding a previous illegal action 67 

The execution by the board of the vote of the electors upon mat- 
ters within their control, is mandatory; from such action of the 
board no appeal can be taken. If such action is tainted with 
fraud, an application to a court of law is the proper remedy 78 



19 



146 



INDEX. 



PAGE 
APPEAL— CONTIN UED— 

The right of appeal is confined to persons injuriously affected by 
the decision or order complained of. Ordinarily a person living 
in one subdistrict cannot properly appeal from an action of the 
board locating a site in another 80 

The adoption of the committee's report in favor of retaining the 
old school-house site, is an action from which appeal may be 
taken 82 

Appeal may be taken from the action of the board in laying the 

subject-matter of a petition on the table 85 

When an adequate remedy. From the exercise of ordinary discretion 
in the performance of an official duty, enjoined by law upon the 
board, appeal may be taken to the county superintendent ; but 
from a refusal to act, or from an action thereon clearly designed 
to defeat the purpose of the law, an application to the courts of 
law to compel the performance of the enjoined duty will afford 
the most speedy, and in some cases the only adequate remedy. . . 88 

May be taken by any resident elector of the district, aggrieved by 
action of the board Ill 

AEBITRATION— 

If the county superintendent is asked to arbitrate no appeal will 
lie 107* 

BOARD or DIRECTORS— 

The board should be sustained in all legitimate and reasonable 
measures, to maintain order and discipline, to uphold the right- 
ful authority of the teacher, and to prevent or suppress insubor- 
dination in the school. 69 

Have authority. The board have authority to determine when, and 
upon what terms, non-resident pupils may attend the schools of 
their district 75 

The board, though not bound by a vote of the electors directing 
the precise location of a school-house site, are required to so lo- 
cate it as to accommodate the people for whom designed 78 

If, in the selection of a site, the board violate law or abuse their 
discretionary power, their action may be reversed on appeal — 78 

The action of the board cannot be reversed upon the allegations 
of appellant without proof, or by reason of failure of the board 
to make defense 82 

The acts of the board are presumed to be regular, legal, and just, 
and should be affirmed on appeal, unless proof is brought to 

show the contrary 82 

Discretionary acts of. The weight which properly attaches to the 
discretionary actions of a tribunal vested with original jurisdic- 
tion, does not apply to the decisions of an inferior appellate 
tribunal 82 



INDEX. 



147 



BOARD OF DIRECTORS— Continued— 

The acts of the board are presumed to be regular, legal and just; 
and should be affirmed on appeal, unless proof is brought to 

show the contrary 90 

Discretionary power of. In the absence of proof that the board have 
abused the authority given them by the law, their orders will 
not be set aside, although another decision might to many seem 

preferable 135 

BOUNDARIES— 

Must conform to congressional divisions of land Ill 

CERTIFICATE, TEACHER'S— 

Bevocation of. The order of a county superintendent revoking a cer- 
tificate will not be interfered with on appeal, unless it appears 

that he acted from passion or prejudice • 29 

A teacher's certificate can be legally revoked only upon proof of 
charges of which he has had personal notice, and against which 

he has had the opportunity to make his defense 62 

A person addicted to the use of intoxicating liquors, who even oc- 
casionally becomes intoxicated, is not likely to promote correct 
moral teaching in the public schools by his example, nor to 
possess such moral character as to entitle him to a teacher's 

certificate 62 

A certificate which has expired by limitation cannot be revoked. . 102 
Revocation of. The inability to govern is sufficient reason for with- 
holding a certificate and for the revocation of the same 102 

CHARGES— 

Must be clearly sustained by the evidence 120 

CLAIMS— 

Just claims against the district can be enforced only in the courts 
of law , 60 

CONDITIONAL RULING— 

A county superintendent may make a conditional ruling, by 

which his own decision is governed 98 

CONTESTED ELECTION— 

Jurisdiction. The proper method of determining a contested elec- 
tion for school director is by an action brought in the district 
court 51 

CONTRACTS— 

Contracts for the erection of school-houses, made by a subdirector 
or committee, require the approval of the board 60 

The district township is bound by the contract of the subdirector 
when made according to instructions of the board 64 

If a subdirector enter into a contract on behalf of the district, 
without authority of the board, he does so at his own risk; such 
contract is not binding upon the district unless approved by the 
board 64 

An appeal will not lie to enforce a contract 106 



148 



INDEX. 



PAGR 

COUNTY SUPERINTENDENT— 

Jurisdiction of. The superintendent's jurisdiction on appeal is not 
greater than that of the board from whose action the appeal is 

taken 24 

Discretionary acts. The county superintendent having only appel- 
late jurisdiction, should not reverse discretionary acts of the 
board, without explicit and clearly stated proof of the abuse of 
such discretion, even though not fully approving their action. . . 35 

The county superintendent may upon appeal create subdistrict ... 39 

The county superintendent has no jurisdiction of an appeal until 
an affidavit is filed ' 41 

Should not reverse an action of the board which is in accordance 
with instructions of the superintendent of public instruction. . . 43 

At the hearing of an appeal before the county superintendent it is 
competent for him, upon his own motion, to call additional wit- 
nesses to give testirnony 46 

The county superintendent has no jurisdiction of cases involving 
money demand 57 

The county superintendent may, for sufficient cause, grant a re- 
hearing 73 

The county superintendent may reconsider and modify a decision 

on proof that it does not conform to law 84 

Jurisdiction of. The county superintendent is not limited to a re- 
versal or affirmance of the action of the board, but he determines 
the same questions which they had determined 98 

The county superintendent should not ask the state superintend- 
ent to decide a case on appeal for him, but may ask for an inter- 
pretation of law, either by the state superintendent or through 
him, by the attorney general 110 

The county superintendent has no jurisdiction to determine the 
validity of district organization 115 

DISCRETION— 

Abuse of. Is not established by evidence showing that a different 
action on the part of the board would have been preferred by 
electors 115 

DISCRETIONARY ACTS— 

The county superintendent having only appellate jurisdiction, 
should not reverse discretionary acts of the board, without ex- 
plicit and clearly stated proof of the abuse of such discretion, 
even though not fully approving their action 35 

Discretionary acts may be reversed Dn appeal, but should not be 
disturbed except upon evidence of unjust exercise or abuse — 41 

Since the board have original jurisdiction, their discretionary acts 
should not be interfered with by an appellate tribunal, although 
not agreeing with their judgment, unless they violated law, 
showed prejudice or malice, or abused their discretion in such a 
maianer as to require interference 100 



INDEX. 149 

PAGE 

DISCRETIONARY ACTS— Continued— 

In the absence of proof that the board abused the authority given 
them by the law, their orders will not be set aside, although 
another decision might to many seem preferable 135 

DISTRICT— 

Validitij of Organization. The county superintendent has no juris- 
diction to determine the validity of district organization 115 

DISTRICT TOWNSHIP— 

Should not ordinarily contain more than nine subdistricts 43 

ELECTION— 

Evidence of. The certificate of the oflScers of the annual subdistrict 
meeting is the legal evidence of election as subdi rector, and as a 
general rule the board are justified in declining to recognize a 
person as a member of the board until he produces such certifi- 
cate 51 

Contested. The proper method of determining a contested election 
for school director, is by an action brought in the district court. 51 

EVIDENCE- 

Parol. Cannot be received in the absence of allegations of fraud, to 

contradict or impeach the validity of school district records 46 

Where the law requires the evidence of a transaction to be in 
writing, oral evidence can be substituted for it only when the 

writing cannot be produced 51 

Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even 

if irrelevant testimony is occasionally admitted • 85 

JSfew. New evidence can be introduced only when the facts materi- 
ally affecting the case could not have been known before the 

trial 93 

To establish malice or prejudice on the part of the board, positive 
evidence must be introduced 110 

EXPLANATORY NOTES— 

Force of. Notes to the school law, while proper aids to school offi- 
cers, have not the binding force of law, and a non-compliance 
with them is not necessarily a violation of law. 33 

EXPULSION— 

Suspension or expulsion. Suspension or expulsion of a scholar in an 
independent district requires the action of the board by a major- 
ity, and the concurrence of the president 103 

HIGHWAY— 

Since the law requires a school-house site to be located on a public 
highway, such public highway must be fully established by law 
before the location can be made 96 



150 INDEX. 

PAGK 

JANITORIAL SERVICES- 

If a teacher serves as janitor in sweeping the room and building 
fires, he should be paid from the contingent fund for such ser- 
vices 106 

JURISDICTION— 

The superintendent's jurisdiction on appeal is not greater than that 
of the board from whose action the appeal is taken 24 

The county superintendent has no jurisdiction of an appeal until 
an affidavit is filed , 41 

An application for an appeal filed within thirty days from the act 
of the board complained of, will not give the county superin- 
tendent jurisdiction of the case. The appeal must be taken by 
affidavit 53 

The county superintendent has no jurisdiction of cases involving 
a money demand 57 

In cases involving the validity of district organization no appeal 
will lie. The remedy is a writ in the nature of quo warranto 91 

The county superintendent has no jurisdiction to determine the 
validity of district organization 115 

LOCATION— 

Of school-house site. May be within less than forty rods, when ob- 
tained by purchase 123 

When purchased, the provisions of section 1825 do not apply. The 
district stands in the same relation to the public and to individ- 
uals, in this respect, as do other corporations, and may pur- 
chase and convey real estate accordingly 135 

NEW EVIDENCE— 

New evidence can be introduced only when the facts materially 
affecting the case could not have been known before the trial 93 

NOTICE— 

The county superintendent should not issue notice of final hearing 
until both the affidavit and transcript of the district secretary 
have been filed in his office 41 

The want of notice is waived by the voluntary appearance of the 
party for any purpose connected with the case 55 

OPINIONS- 

Unsupported by facts, cannot be received as satisfactory evidence 
of prejudice . 29 

PRIVILEGES— 

School privileges are determined by the residence of the child . . . 113 

PROCEEDINGS— 

In the absence of proof to the contrary, the legal presumption is 
that the proceedings before the county superintendent were en- 
tirely regular 33 



ESTDEX. l^l 

PAGE 

PUNISHMENT— 

The punishment of a pupil with undue severity, or with an im- 
proper instrument is unwarrantable, and may serve, in some 

degree, to indicate the animus of the teacher 68 

Bight to inflict upon pupils. The right of the parent to restrain and 
coerce obedience in children 'applies equally to the teacher, or to 

any one who acts in loco parentis. 69 

The use of the rod is allowable as a last resort 102 

QUO WARRANTO— 

In cases involving the validity of district organization no appeal 
will lie. The remedy is a writ in the nature of qu^o warranto. ... 91 

The only proper means of affirming the right to exercise the privi- 
lege of an office, or to contest the illegal exercise of the same, is 
set forth in sections 3345-3352, Code of 1873 95 

RECORDS— 

Defective. May be amended 21 

The board may at any time amend the record of the district, when 
necessary to correct mistakes or supply omissions; and may, 
upon proper showing, be compelled, by mandamus, to make such 
corrections 46 

The record of the secretary must be considered as evidence, unless 
there is proof of fraud or falsehood 103 

The record of the secretary should be considered as evidence, and 
not be invalidated by parol evidence unless there is proof of 

fraud or falsehood 108 

Impeachment of. Parol evidence cannot be admitted in impeach- 
ment of a record if made and certified to by the proper officers 
as required by law. ... 120 

Not so made and certified to is defective and may be impeached 
by collateral evidence 120 

REHEARING- 

The county superintendent may, for sufficient cause, grant a re- 
hearing 73 

To warrant a rehearing, some valid reason must be urged 141 

REMANDING OF CASES— 

When evidence discloses that the action of the board was an un- 
wise one, and the facts are not sufficiently shown to determine 
what should be done, the case should be remanded to the board. 93 

REVOCATION OF TEACHER'S CERTIFICATE— 

The order of a county superintendent revoking a certificate will 
hot be interfered with on appeal, unless it appears that he acted 

from passion or prejudice 29 

Opinions unsupported by facts cannot be received as satisfactory 
evidence of prejudice 29 



152 



INDEX. 



EEVOCATION OF TEA^CHER'S CERTIFICATE— Continued— 
A teacher's certificate can be legally revoked only upon proof of 
charges of which he has had personal notice, and against which 

he has had the opportunity to make his defense 62 

A person addicted to the use of intoxicating liquors who even oc- 
casionally becomes intoxicated is not likely to promote correct 
moral teaching in the public schools by his example, nor to pos- 
sess such moral character as to entitle him to a teacher's certifi- 
cate 62 

A certificate which has expired by limitation cannot be revoked. . 102 

RULES AND REGULATIONS- 

The power to prescribe rules and regulations for the government 
of the board is not a function of the electors. A rule adopted 
by the board, and not a provision of law, may be modified at the 
option of the board 64 

Boards of directors and their agents, the teachers, may establish 
reasonable rules for the government of schools and the control 
of pupils 69 

The teacher has the right to require a pupil to answer questions 
which tend to elicit facts concerning his conduct in school 69 

The pupil is answerable for acts which tend to produce merriment 
in the school or to degrade the teacher 69 

Open violation of the rules of the school cannot be shielded from 
investigation under the plea that it invades the rights of con- 
science 69 

In establishing and enforcing regulations for the government of 
scholars, the board have a large discretion 130 

SCHOOLS- 

Every person between the ages of five and twenty-one years has 
the right to attend school in the district in which he resides, re- 
gardless to considerations relating to race, nationality, the hold- 
ing of property, or the payment of taxes 75 

The payment of school taxes does not entitle non-residents to 
school privileges 75 

The board have authority to determine when, and upon what 
terms, non-resident pupils may attend the schools of their dis- 
trict 75 

SCHOOL FUNDS- 

Disbursement of. The treasurer is the proper custodian of all funds 
belonging to the district, and can legally pay them out only upon 
orders specifying the fund on which they are drawn and the 
specific use to which they are applied. The board cannot author- 
ize the subdirector to use the public funds for any purpose 60 

SCHOOL-HOUSE— 

Power of the board to bidld. If in their judgment the wants of a 
subdistrict require, the board are empowered to erect a school- 
house without action on the part of the efectors of the subdis- 
trict 22 



INDEX. 



153 



SCHOOL-HOUSE-CoNTiNUED- ^^^^ 

Bemoval of. A vote of the electors of a subdistrict to remove a 
school-house, will not compel the board to act afllrmatively in 

relation thereto 53 

Bemoval of. The removal of an old house away from the geograph- 
ical center and away from the center of population, without 
special and strong reasons therefor, is an abuse of the discre- 
tionary power of the board 133 

SCHOOL-HOUSE SITE- 

The board though not bound by a vote of the electors directing 
the precise location of a school-house site, are required to so 

locate it as to accommodate the people for whom designed 78 

If in the selection of a site, the board violate law or abuse their 
discretionary power their action may be reversed on appeal .... 78 

Location of. The action of a committee appointed by the board to 
locate a site is of no force until officially adopted by the board 
while in session 80 

Subdistrict boundaries cannot be changed upon an appeal relating 
solely to the location of a site, nor can a site be located with the 
expectation that boundaries will be changed, unless such is 

shown to be the intention of the board 80 

A site located by the county superintendent cannot be changed by 
the board, while the condition of the district remains without 
material change 84 

The prospective wants of a subdistrict may properly have weight 
in determining the selection of a site, when such selection be- 
comes necessary; but not in securing the removal of a school- 
house, conveniently located for the present 90 

To make a distinction between the children of freeholders and 
those of tenants in determining the proper location for a school- 
house, is contrary to the spirit and intent of our laws 90 

Location of. The necessities of the present must be observed in lo- 
cating school-house sites, in preference to the probabilities of 
the future 93 

Location of. The location of a school-house can be dependent upon 
a change of boundaries, only when it is shown in evidence that 
it is the intention to make such change 98 

The choice of a school- house site by the electors has no binding 
force 100 

A school-house site fixed by county or state superintendent affirm- 
ing the discretionary act of the board, allows the board to exer- 
cise their discretion again, especially if material changes have 
occurred 104 

Proper location of school-house sites depends upon the form of dis- 
tricts Ill 

20 



154 



INDEX. 



PAGE 

SCHOOL-HOUSE SITE— Continued— 

A vote of the electors to select the precise location of a school- 
house is not mandatory on the board 117 

Location of. Must be selected with reference to convenience of the 
people 117 

When purchased by board, not subject to the provisions of section 
1825 123 

Location of. The condition of matters within the subdistrict should 
govern the location of the house. The attendance of parties 
from an adjoining subdistrict should not determine change of 
site ... 127 

Location of. A village in a subdistrict has special claims favoring 
the selection of a site within its limits. The element of dis- 
tance to be traveled by some is largely overcome by the advan- 
tages of a location in the town 132 

Location of. When purchased, the provisions of section 1825 do 
not apply. The district stands in the same relation to the pub- 
lic and to individuals, in this respect, as do other corporations, 
and may purchase and convey real estate accordingly 135 

Eehcation of. When it the evident intention of the board to relo- 
cate the site as near as possible in the center of the subdistrict 
in orner to furnish equal school facilities to all the residents, 
their action should not be materially interfered with 141 

SCHOOL-HOUSE TAX— 

Where it has been the uniform custom to apportion the school- 
house tax among the several subdiatricts, the board are not gov- 
erned by a vote of the electors instructing them to levy the tax 

directly upon the property of a subdistrict 25 

All taxes voted by the district township meeting must be appor- 
tioned among the subdistricts. All taxes voted by the subdis- 
trict meeting which the district township neglects or refuses to 
grant, must be certified and levied upon the subdistrict. The 
board have no option but to obey the requirements of the law. . 72 

SCHOOL ORDERS- 

When improperly issued by the board the proper remedy is an in- 
junction from the civil courts 57 

SCHOOL PRIVILEGES— 

Are determined by the residence of the child 113 

SUBDISTRICTS - 

Size of. It is better to have large subdistricts with good school- 
houses well furnished, than small subdistricts with small and 
poorly furnished school-houses 17 

Size of. There are serious objections to the formation of small sub- 
districts 43 

The practice of cutting district townships into numerous subdis- 
tricts of small size, is detrimental to the educational progress of 
the state, and will not be sustained on appeal 55 



INDEX. 255 

PAGE 

SUBDISTRICTS— Continued— 

K subdistrict is not a corporate body, and has no control of any 
public fund 60 

Other things being equal, both territory and school population 
should be about equally divided among the subdistricts of a dis- 
trict township 76 

One subdistrict should not ordinarily have an excess over the aver- 
age subdistrict of the district township both in territory and 
school population, nor should it lack in both 76 

Fmm of. It is very important that subdistricts should be regular 
in form, and where it is possible, school-houses should be lo- 
cated at or near geographical centers 127 

The board may not redistrict so as to abolish a subdistrict, with 
intent to prevent the building of a house provided for by the 
electors 129 

SUBDISTKICr BOUND AEIES— 

Change of. In changing subdistrict boundaries, both the present 
and the future welfare of the district should be considered 17 

Change of. The county superintendent may, on appeal, redistrict. 
A refusal by the board to act upon a petition to redistrict is an 
act from which an appeal will lie 26 

Change of. The acts of a board changing subdistrict boundaries and 
locating school-houses are so far discretionary that they should 
be affirmed on appeal, unless it is shown that there has been an 
abuse of discretion 35 

Change of. At the hearing of an appeal before the county superin- 
tendent, it is competent for him, upon his own motion, to call 

additional witnesses to give testimony 46 

Subdistrict boundaries can be changed only by affirmative vote of 

a majority of all the members of the board 67 

The boundaries of subdistricts must conform to the lines of con- 
gressional divisions of land Ill 

Change of. A subdistrict long established, embracing a territory 
having a sufficient number of scholars to maintain a good school, 
should not be abolished, unless the general school facilities of 
the township will be improved thereby — 139 

Change of. A case involving a change of subdistrict boundaries, 
having been adjudicated by the county superintendent, revers- 
ing the action of the board, and being affirmed by the superin- 
tendent of public instruction, cannot again be brought upon 
appeal, unless it can be shown that some change materially af- 
fecting the conditions of the case has taken place since the date 
of the former decision 139 



]^56 INDEX. 

SUPERINTENDENT— 

The superintendent's jurisdiction on appeal is not greater than 
that of the board from whose action the appeal is taken 24 

The county superintendent, having only appellate jurisdiction, 
should not reverse discretionary acts of the board, without ex- 
plicit and clearly stated proof of the abuse of such discretion, 
even though not fully approving their action 35 

The county superintendent should not reverse an action of the 
board which is in accordance with instructions of the superin- 
tendent of public instruction. 43 

SUSPENSION OR EXPULSION- 

Suspension or expulsion of a scholar in an independent district re- 
quires the action of the board by a majority, and the concurrence 
of the president 103 

TAXES— 

School-house. Where it has been the uniform custom to apportion the 
school-house tax among the several subdistricts, the board are 
not governed by a vote of the electors instructing them to levy 

the tax directly upon the property of a subdistrict 25 

Must be certified in accordance with vote of the electors 117 

Must be certified, collected and expended, in accordance with vote 
of the electors — 129 

TEACHERS— 

Bight of, to inflict imnishment upon their pupils. A school-master who 
stands in loco parentis may, in proper cases, inflict moderate and 
reasonable chastisement. The law confides to teachers a discre- 
tionary power in the infliction of punishment upon their pupils, 
and will not hold them responsible criminally, unless the punish- 
ment be such as to occasion permanent injury to the child, or be 
inflicted merely to gratify their own evil passions 18 

When a teacher is dismissed, in violation of his contract, an action 
in the courts of law, on the contract, will afford him a speedy 
and adeqiiate remedy; when discharged for incompetency, dere- 
liction of duty, or other cause affecting his qualifications as a 
teacher, he has the right of appeal 87 

The teacher is entitled to the counsel and co-operation of the sub- 
director and board in all matters pertaining to the conduct and 
welfare of the school 87 

The law provides that a teacher shall have a fair and impartial 
trial, with suflicient notice to enable him to rebut the charges of 
his accusers 120 



INDEX. -[57 

PAGE 

TERRITOKY- 

Transfer of. Where territory is to be transferred by concurrent ac- 
tion of two boards to the district to which it geographically be- 
longed, a majority of the members elect Is not necessary, as 
required for the change of subdistrict boundaries 108 

TUITION— 

Collection of tuition under section 1793 cannot be done by appeal 
to the county superintendent, but must be settled through the 
courts .*;. 107 



/l^ 



